News & Analysis as of

National Labor Relations Board

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... more +
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 -

Hold On! — Democratic Senators Challenge New Labor Board GC’s Plans

by Jackson Lewis P.C. on

Senator Patty Murray (D-Wash.), Ranking Member, Committee on Health, Education, Labor and Pensions, and Senator Elizabeth Warren (D-Mass.) have written to new NLRB General Counsel Peter B. Robb “to express serious concerns...more

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

by Proskauer - Labor Relations on

Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent...more

Labor Board To Scrap Quickie Election Rule? Public Comment Requested

by Fisher Phillips on

In the clearest sign yet that the National Labor Relations Board is ready to shift away from the strong pro-union stance that had been taken for the previous eight years, the agency today announced that it will seek public...more

Successor General Counsel Robb Signals Potential Successorship Retrenchment

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

NLRB General Counsel Signals Rollback of Positions Affecting Unionized, Non-Unionized Employers

Once President Trump’s appointees gained a majority of National Labor Relations Board seats this summer, it was only a matter of time before the board began addressing the aggressive pro-employee positions taken by its...more

The Trump Board Signals Changes to Come

by FordHarrison on

In the past two weeks, the National Labor Relations Board (NLRB) has made three important announcements that signal likely changes to come under the Trump administration....more

Better Watch Your Mouth: Trump Board Likely to Narrow Protection of Vulgar and Racially Bigoted Employee Speech

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

Labor Board Asks: Retain, Modify, Or Rescind ‘Quickie Election’ Rules?

by Jackson Lewis P.C. on

A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek...more

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

by Jackson Lewis P.C. on

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ...more

Social Media in the Workplace: More Changes Ahead?

by McNees Wallace & Nurick LLC on

In days past employees discussed and debated workplace issues around the water cooler. That sentimental past-time has long since been replaced by online social media networking and the reach of social media is stunning....more

New NLRB General Counsel Memorandum Hints that Changes May Be Coming

by Hodgson Russ LLP on

On December 1, 2017, Peter B. Robb, the new General Counsel for the National Labor Relations Board (“Board”), issued an advice memorandum outlining the Board’s enforcement priorities and policy objectives. Many of these...more

The Ten Arbitration Trends Of 2017

2017 was a big year in arbitration law. We went from a country that seemed on the verge of banning arbitration in most consumer and employee contracts to a country whose federal policy embraces arbitration in nearly every...more

New NLRB General Counsel Sets New Tone For The "Trump Board"

by Foley & Lardner LLP on

We are now almost a year into the Trump presidency, but we are still grappling with how the administration will address many issues throughout the country. To a certain extent we can never be sure of a clear path, as...more

Beltway Buzz - December, 2017 #2

Another hectic week here in D.C. has us feeling like we’re living in a glass case of emotion. Here’s why...more

New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty

On November 8, 2017, Peter B. Robb was sworn in as the General Counsel (GC) of the NLRB for a four year term. Robb succeeds Richard Griffin, who has been the GC since November 2013. Robb wasted no time in taking initial steps...more

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities

by Cozen O'Connor on

Less than one month after his confirmation as the National Labor Relations Board’s new general counsel, Peter Robb issued a memo that signals a significant shift in the aggressively pro-labor positions taken by his...more

NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the...more

Email Systems: GC Memorandum 18-02 Signals That The Trump Board May Review The Controversial Obama Board Changes Allowing...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments...more

A New Direction for the National Labor Relations Board

by Miller Canfield on

Sworn in less than a month ago, National Labor Relations Board’s new General Counsel Peter B. Robb is wasting little time setting a new direction for the NLRB. On Dec. 1, 2017, Robb issued General Counsel Memorandum 18-02...more

Work Stoppages: GC Memorandum 18-02 Signals the “Trump Board” Will Have the Opportunity to Review Controversial Changes With...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo setting forth a wide range of issues that must be submitted to Advice before Complaints will be authorized....more

SLOW DOWN Congress: You Are About To Render The FAA Inapplicable To Employment Disputes (And Class Waivers), And You Probably...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pending bi-partisan legislation aimed at preventing employers from enforcing arbitration agreements of sexual harassment claims might make employers unable to enforce arbitration agreements, and class...more

Change is Coming: New NLRB General Counsel Issues Memorandum Rescinding Controversial Policies and Signaling Change

by Benesch on

The National Labor Relations Board’s new General Counsel, Peter Robb, has made the most of his first month in office. Robb, who was nominated by President Trump to replace controversial predecessor Richard Griffin, was sworn...more

New Labor Board General Counsel Rescinds Guidance Declaring Student-Athletes ‘Employees’

by Jackson Lewis P.C. on

One of the first actions of new National Labor Relations Board General Counsel Peter Robb was to rescind guidance that college football players at private universities are employees under the National Labor Relations Act. ...more

Plan Your Changes Before Changing Your Plans

by Balch & Bingham LLP on

There’s a comically profound scene in the second “Madagascar” movie. Penguin (management) and monkey (union) committees are negotiating a labor contract. After the monkeys seem to have secured what they want, they add a...more

Newly-Appointed NLRB General Counsel Moves to Roll Back Agency Overreach and Activism

The National Labor Relations Board’s (NLRB) new general counsel wasted no time in issuing comprehensive guidelines to the agency unequivocally indicating that the era of unbridled activism and overreach by the Board will...more

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