News & Analysis as of September 21, 2024

Unions

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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 -

Labor Board Decision Broadly Approves Holding ULP Trials By Video

Jackson Lewis P.C. on 8/17/2020

The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations

Proskauer - Labor Relations Update on 6/22/2020

NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more

NLRB Rules Against Telephonic R-Hearings Where Witnesses Will Testify

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/19/2020

On April 1, 2020, we explained that the National Labor Relations Board (NLRB) would resume processing representation cases on April 6, 2020. Since then, NLRB regional offices have been scheduling and conducting telephonic...more

NLRB: Hearings in Representation Cases with Witnesses Must Be Conducted By Videoconference during COVID-19 Pandemic

Proskauer - Labor Relations Update on 5/15/2020

As most of the country’s workforce continues to adjust to the new realities of social distancing, stay-at-home orders, and limited travel, the practice of law and the forums for adjudicating disputes have shifted to video and...more

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

Proskauer - Labor Relations Update on 3/15/2018

As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more

NLRB Overrules Longstanding Precedent—Withholding Witness Statements is No Longer a Bright Line Exception

Blank Rome LLP on 7/8/2015

Action Item: The National Labor Relations Board (NLRB) recently held in American Baptist Homes of the West d/b/a Piedmont Gardens that there is no longer a blanket exemption for witness statements from an employer’s Section...more

Union Represented Employee Not Entitled To Co-Worker Witness During Investigatory Interview, NLRB Rules

Proskauer - Labor Relations on 5/20/2015

The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board...more

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