News & Analysis as of September 26, 2024

Administrative Law Judge (ALJ)

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

NLRB changes course on consent orders … again

McAfee & Taft on 9/10/2024

The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more

NLRB: Outsized Payment to Union Supporter to Waive Reinstatement in Board Settlement Not Unlawful Bribe

Proskauer - Labor Relations Update on 1/13/2020

Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate...more

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 1/9/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

NLRB Restores Ability Of ALJ’s To Accept Settlement Offers Over Objection of Charging Party and General Counsel- Overrules One...

Proskauer - Labor Relations Update on 12/19/2017

In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping decisions issue from the Board. This December is no different. With Chairman...more

NLRB Reinstates Reasonableness Settlement Standard in its First Reversal Under Trump Administration

Fisher Phillips on 12/18/2017

On December 11, 2017, the NLRB ruled that an ALJ in Pittsburgh properly accepted a partial settlement offered by University of Pittsburgh Medical Center (UPMC) despite objections from the agency’s general counsel and the...more

NLRB Judges Regain Power to Approve Partial Settlements

Obermayer Rebmann Maxwell & Hippel LLP on 12/15/2017

National Labor Relations Board (NLRB) Administrative Law Judges (ALJs) have regained the power to approve partial settlements of Unfair Labor Practice charges (ULPs) – even if the NLRB’s General Counsel, and the charging...more

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

Proskauer - Labor Relations Update on 11/13/2017

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more

NLRB: Employer’s Side Letter Explaining NLRB Notice Breached Settlement Agreement and Warranted Default Judgment

Proskauer - Labor Relations Update on 9/12/2017

One of the fundamental pillars of any remedy doled out by the NLRB is the agency’s requirement that the employer (or union) post a “Notice to Employees,” a bright blue poster detailing the misdeeds of the charged party. Such...more

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

Proskauer - Labor Relations Update on 6/3/2017

The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

Littler on 10/25/2016

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

NLRB Signs Off On Narrow Confidentiality Provision for Employee Reinstatement Agreements

Littler on 9/20/2016

In the recent case of S. Freeman & Sons, Inc., the National Labor Relations Board confronted the question of “whether an employer can require an employee to keep confidential the terms of a settlement agreement in exchange...more

NLRB Restricts Employers’ Ability to Reach Consent Settlement Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/15/2016

In United States Postal Service, 364 NLRB No. 116 (August 27, 2016), the National Labor Relations Board (NLRB) overturned long-standing precedent by ruling that an administrative law judge (ALJ) may accept a proposed...more

Board Ties Judges’ Hands In Settling Cases Directly

Seyfarth Shaw LLP on 9/3/2016

Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and...more

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National Labor Relations Board › Settlement Agreements › Administrative Law Judge (ALJ)

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