News & Analysis as of September 22, 2024

Collective Bargaining

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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 Restores Obama-Era Decision Supporting Unions' Right to Engage in "Micro-Unit" Organizing

Holland & Knight LLP on 12/21/2022

The pendulum has swung once again. On Dec. 14, 2022, the National Labor Relations Board (NLRB or Board) issued a decision in American Steel Construction, Inc., 372 NLRB No. 23 (2022), modifying the framework applied in...more

NLRB Returns to Specialty Healthcare Bargaining-Unit Determination Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/20/2022

In a decision impacting employers that face a petition for election that seeks to represent part of the workforce, a divided National Labor Relations Board (NLRB) returned to its former Specialty Healthcare standard to apply...more

NLRB Brings Back Micro-Units, Paving the Way for More Union Organizing

Miles & Stockbridge P.C. on 12/16/2022

The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more

NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

Epstein Becker & Green on 11/19/2019

One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration...more

NLRB Continues Shift Toward Employer-Friendly Workplace Standards

Ballard Spahr LLP on 9/13/2019

The National Labor Relations Board (NLRB) issued two 3-1 decisions this week, continuing a string of rulings favoring employers over unions or workers. Details on the decisions follow. ...more

Bargaining Unit Can Still Be ‘Micro’ Under ‘Community Of Interest’ Standard

Jackson Lewis P.C. on 1/14/2019

After the NLRB adopted a new standard for determining bargaining-unit composition, many expected fewer micro-units would result. PCC Structurals, 365 NLRB No. 160 (2017) (PCC I). However, when the employer filed a request for...more

Top Five Labor Law Developments For December 2017

Jackson Lewis P.C. on 1/19/2018

1.In Hy-Brand Industrial Contractors, 365 NLRB No. 156 (Dec. 14, 2017), the National Labor Relations Board overruled Browning-Ferris Industries, 362 NLRB No. 186 (2015), an Obama-era decision that held two entities are joint...more

NLRB’s General Counsel Issues Guidance Following Board’s PCC Structurals, Inc. Decision

McGuireWoods LLP on 1/17/2018

In December 2017, the Office of the General Counsel issued Memorandum OM 18-05. This memorandum followed the Board’s decision in PCC Structurals, Inc., 365 NLRB No. 160 (Dec. 15, 2017), which overruled Specialty Healthcare &...more

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in...

FordHarrison on 1/9/2018

On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when...more

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

Foley & Lardner LLP on 1/3/2018

As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more

NLRB Gift: Staying Non-Union May Be A Little Easier

Akerman LLP - HR Defense on 1/3/2018

The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more

It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/27/2017

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from...more

2017 Ending With A Bang: Obama Era NLRB “Micro Unit” Ruling Reversed

Amundsen Davis LLC on 12/27/2017

2017 is coming to an end, and with somewhat of a Bang! for labor relations moving forward under Trump’s NLRB. In a matter involving PCC Structurals, Inc. and the Intern’l Assoc. of Machinists & Aerospace Workers...more

Beltway Buzz - December, 2017 #4

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/26/2017

“Let me tell you how it will be; There’s one for you, nineteen for me.” The taxman will look a little different beginning in 2018, as the Tax Cuts and Jobs Act was passed by Congress on December 20—by far the most significant...more

Employment Flash - December 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 12/22/2017

Recent NLRB Developments - This December 2017 special edition of the Employment Flash summarizes recent decisions issued by the National Labor Relations Board (NLRB) on December 14 and 15, 2017. These decisions are...more

The Winds Keep Blowing: Miscimarra’s Final Days with the NLRB Produce More Change for Employers

Franczek P.C. on 12/20/2017

Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the...more

What's Appropriate: The NLRB Overturns Specialty Healthcare

Littler on 12/20/2017

As part of the National Labor Relations Board’s spate of recent decisions reversing Obama-era Board precedent, on December 15, 2017, the Board in PCC Structurals, Inc., 365 NLRB No. 160 (2017) overturned Specialty Healthcare,...more

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

McGuireWoods LLP on 12/20/2017

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

Ahhhhhh – NLRB Rips Off Series of Pro-Employer Decisions

McNees Wallace & Nurick LLC on 12/19/2017

That sound you just heard was employers everywhere breathing a sigh of relief, and maybe even high-fiving. That’s because the newly constituted National Labor Relations Board fired off several pro-employer decisions in the...more

The End of Union-Dictated Micro-Units: NLRB Overturns Specialty Healthcare

Sheppard Mullin Richter & Hampton LLP on 12/19/2017

On the eve of Chairman Phillip Miscimarra’s departure from the NLRB, he gave one final gift to employers: the overturning of Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), an Obama-Era Board...more

THE BIG(ger) BA(rgaini)NG THEORY

Seyfarth Shaw LLP on 12/19/2017

In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit for union organizing and bargaining....more

Unwrapping Late Year NLRB Decisions – Next Steps For Your Organization To Consider

Jackson Lewis P.C. on 12/18/2017

Two weeks after newly appointed National Labor Relations Board General Counsel Peter Robb signaled his intent to ask the Board to consider overruling many union-friendly precedents of the Obama-era Board, the Board has beaten...more

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on 9/6/2017

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

D.C. Circuit Provides Additional Support For Specialty Healthcare, Union-Friendly Micro-Units

Benesch on 8/21/2017

The U.S. Court of Appeals for the D.C. Circuit has sided with the National Labor Relations Board in affirming the union-friendly practice of “micro-unit” organizing. The D.C. Circuit’s opinion issued in Rhino v. NLRB is...more

The Practical NLRB Advisor - Issue 4, Winter 2017

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/11/2017

The National Labor Relations Board (NLRB) continued making life more difficult for employers in 2016. The agency issued a host of decisions that significantly expand the number and type of individuals that unions can seek to...more

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