News & Analysis as of

National Labor Relations Board Unions

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 -

Labor Board Overrules Unworkable Joint-Employer Test - Crucial Victory For Employers Halts Labor’s Momentum

by Fisher Phillips on

The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining...more

New Labor Board May Kill “Quickie Election” Rule; Requests Public RFI

The NLRB announced December 12, 2017, a Request for Information (“RFI”) on the Board’s 2014 “Quickie Election” representation regulations (at 29 CFR parts 101 and 102). The RFI seeks input on the amendments to representation...more

Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial “Quickie Election”...

by Franczek Radelet P.C. on

Because the National Labor Relations Board (NLRB) is made up of members appointed by the President, Board law shifts as administrations change. Recently, the U.S. Senate confirmed two Republicans to the Board, resulting in a...more

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NLRB Hints That “Ambush” Election Regulations May Be Rescinded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 Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent...more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

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

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

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

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

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

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

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

Newly Issued Mandatory Advice Submissions List Reveals NLRB GC’s Priorities

by Cozen O'Connor on

Peter Robb, confirmed last month as the general counsel of the National Labor Relations Board, issued a memorandum on December 1 that serves as a valuable heads up to both employers and unions as to what we might expect...more

New NLRB General Counsel Fires Shot Across The Bow

by Sherman & Howard L.L.C. on

NLRB General Counsel Peter B. Robb has made a first and lasting impression with his initial Memorandum describing Mandatory Submissions to Advice. General Counsel Robb announced his intent to review, through the Division of...more

Happy Holidays To Employers From The NLRB: General Counsel Memorandum Signals Major Changes In The Agency

As many employers are all too aware, over the past several years, the National Labor Relations Board (NLRB) has pursued an aggressive agenda, through case decisions and agency rulemaking, to make it easier for labor unions to...more

No Winter Blues Here: GC Memorandum 18-02 Brings Handbook Cheer to Employers

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

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

by Fisher Phillips on

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

New NLRB General Counsel Signals Major Shift Away From Obama-Era Board Policies

by Ballard Spahr LLP on

The National Labor Relations Board (NLRB) Office of the General Counsel (GC) has signaled in a sweeping memorandum that the agency, under the Trump administration, is likely to reconsider and reverse many of its...more

No Winter Blues Here: GC Memorandum 18-02 Brings Handbook Cheer to Employers

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

New NLRB GC Memorandum Signals Changes are Ahead

by Littler on

The National Labor Relations Board's new General Counsel, Peter Robb, has wasted no time in taking steps to chart a new direction for the Board. Two weeks after being sworn in as General Counsel, Robb has issued Memorandum...more

November 2017: Seven Supreme Court Cases to Watch This Term

Justice Neil Gorsuch began his first full Term on the Supreme Court this October, with court-watchers eagerly anticipating which cases the Supreme Court will take and waiting to see how Justice Gorsuch will affect the...more

Employees’ Right To Representation During Employer Interviews

by Pepper Hamilton LLP on

Q.  I am the HR Manager for a non-union workplace and we are investigating an issue involving employee misconduct. One of the employees whom I want to interview has requested that a coworker attend the interview as his...more

Board In Position to Review Union-Friendly Blocking Charge Policy

by Benesch on

The National Labor Relations Board (the “Board”) is poised to review a policy long-used by unions to stave off decertification elections. Under current Board policy, a union that has lost the support of its membership can...more

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