News & Analysis as of

Unfair Labor Practices NLRB General Counsel Administrative Law Judge (ALJ)

Seyfarth Shaw LLP

Consent Orders Are Dead.

Seyfarth Shaw LLP on

Seyfarth Synopsis: On August 22, 2024, the National Labor Relations Board (“NLRB” or the “Board”) issued a decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras ending more than 50 years of the Board’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Will No Longer Approve Consent Orders

A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from...more

Ballard Spahr LLP

NLRB To End Practice of Consent Orders, Overruling UPMC

Ballard Spahr LLP on

In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ended the agency’s practice of approving “consent orders,” which permitted an administrative law judge to resolve an unfair labor practice case before...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Littler

NLRB follows the General Counsel’s Lead: Enhanced Remedies May Now Apply to Bad-Faith Bargaining

Littler on

On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an...more

Fox Rothschild LLP

NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

Fox Rothschild LLP on

A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more

ArentFox Schiff

NLRB’s General Counsel Continues Her Reimagination of Longstanding Board Precedents Governing Employers’ Rights During Union...

ArentFox Schiff on

In her recently-filed brief to the National Labor Relations Board (NLRB or Board) in Cemex Construction, 28-CA-230115, NLRB General Counsel, Jennifer Abruzzo, continues her campaign to significantly curtail longstanding...more

Proskauer - Labor Relations Update

NLRB: Initial Burden of Union Animus Met Largely by Timing of Employer’s Discharge of Employee

It is an unfair labor practice for an employer to retaliate against (1) union supporters pursuant to Section 8(a)(3) of the National Labor Relations Act (the “Act”), and (2) employees for filing a complaint with the National...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Common Neutrality Agreement Provisions Between Union and Hotel May Violate the NLRA

On November 20, 2019, the National Labor Relations Board’s (NLRB) Office of the General Counsel granted an appeal filed by the National Right to Work Legal Defense Foundation (NRTWLDF) on behalf of a hotel housekeeper in...more

Fisher Phillips

Misclassifying Workers No Longer Constitutes An Unfair Labor Practice

Fisher Phillips on

Employers found to have misclassified employees as independent contractors will no longer face the prospect of unfair labor practice charges for such actions alone, according to a new ruling handed down yesterday by the...more

Jackson Lewis P.C.

Labor Board: Employee Conduct In Response To Employer’s Unlawful Actions Not Grounds For Discharge

Jackson Lewis P.C. on

An employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to participate in a performance evaluation scheduled for discriminatory reasons, the National Labor Relations Board...more

Polsinelli

An End to the McDonald’s Joint Employer NLRB Litigation

Polsinelli on

The new General Counsel of the National Labor Relations Board (“Labor Board”), Peter Robb, continues to reshape the agency with his vision. Consistent with his January 2018 promise to consider “settlements of any kind that...more

Akerman LLP - HR Defense

New NLRB Decisions Favor Employers

With the change to a Republican President and the appointment of new NLRB members, the expectation that more pro-employer decisions will be issued has begun. Several NLRB decisions have re-established prior labor law...more

Proskauer - Labor Relations Update

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

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

Jackson Lewis P.C.

Misclassification Of Independent Contractor Is Violation Of NLRA, ALJ Rules

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

FordHarrison

Supreme Court Rules that Former Acting NLRB General Counsel Became Ineligible to Perform Duties After President Obama Nominated...

FordHarrison on

The U.S. Supreme Court has held that Lafe Solomon did not validly serve as Acting General Counsel for the National Labor Relations Board (NLRB) after former President Barack Obama nominated him to permanently fill that...more

Littler

U.S. Supreme Court Strikes Down Appointment of Former NLRB Acting General Counsel

Littler on

On March 21, 2017, the U.S. Supreme Court affirmed the D.C. Circuit’s holding that Lafe Solomon, who was appointed by former President Barack Obama to serve as acting general counsel to the NLRB in June 2010 when the prior...more

Proskauer - Labor Relations Update

Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel

The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March...more

Fisher Phillips

Supreme Court Uses Labor Case To Again Stifle Presidential Power

Fisher Phillips on

In a decision released today, a 6 to 2 majority of the Supreme Court restricted the president’s power to fill high-level administrative positions without the Senate’s advice and consent, handing a victory to an employer in a...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide