News & Analysis as of

Unfair Labor Practices

NLRB General Counsel Signals Important Changes At NLRB

by Jackson Lewis P.C. on

National Labor Relations Board General Counsel Peter Robb continues to outline his plans for change at the NLRB. First came his sweeping five-page Memorandum directing NLRB Regional Offices to submit to his Division of...more

Out With the Old, In With the New: Is This the “New” NLRB?

by Burr & Forman on

As you have likely seen by now, December was quite a busy month for the National Labor Relations Board (“the Board”). The Board issued major decisions affecting employers, and Peter Robb, the new General Counsel for the Board...more

Workplace Civility Legal Again

by Akerman LLP - HR Defense on

Rules mandating workplace civility and protection of confidential business information — recently the target of the National Labor Relations Board — are lawful again....more

Labor & Employment E-Note - December 2017

by Burr & Forman on

In the past eight plus years, the National Labor Relations Board (the “NLRB” or the “Board”) with a Democratic majority under former President Barack Obama (the “Obama Board”) has issued labor friendly decisions that have had...more

End of the Year Whirlwind for Labor and OSHA Matters! Part II of III – NLRB.

by Fisher Phillips on

No other agency so radically changed the law under the Obama Administration; nor galvanized so much management-side resistance as the National Labor relations Board (NLRB). So it seems appropriate that the NLRB would stagger...more

Business Litigation E-Note - December 2017

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

Collyer Deferral: GC Memorandum 18-02 Upholds Parties’ Agreed Upon Method of Grieving and Arbitrating Certain Unfair Labor...

by Seyfarth Shaw LLP on

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

GC Memorandum 18-02 Suggests A More Sane Approach To Independent Contractors

by Seyfarth Shaw LLP on

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

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

by Proskauer - Labor Relations on

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

Flurry of NLRB Activity Highlighted by Board’s Reversal of Browning-Ferris and Return to Prior Longstanding Joint Employer...

by Benesch on

The National Labor Relations Board, composed of a Republican majority for the first time in more than ten years, acted quickly to reverse the controversial 2015 Browning-Ferris Industries decision which had drastically...more

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

by Fisher Phillips on

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

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

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules - Boeing Co. Signals The End Of Lutheran Heritage And Its...

by Fisher Phillips on

The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant...more

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights of University Faculty, Student Assistants, and...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...more

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

That’s a Wrap! Highlights in Labor & Employment from 2017

This year has brought about many changes to the world of labor and employment law. This newsletter highlights a few of the most important developments from 2017 that will carry forward in 2018 and beyond, why they matter, and...more

NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights Of University Faculty, Student Assistants, And...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for...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

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

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

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

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

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