News & Analysis as of

Unions Collective Bargaining

Joint Employer Standard Relaxed – For Now

by Akerman LLP - HR Defense on

Business owners, franchisors, contractors, and staffing agencies can breathe a little easier – for the moment – following the National Labor Relations Board’s reversal last month of a controversial Obama-era standard that...more

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in...

by FordHarrison on

On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when...more

NLRB Acts Swiftly to Overturn Multiple Pro-Labor Decisions From Obama Era

It did not take long for the National Labor Relations Board to act on the advice of its new general counsel and upset multiple precedents put in place by the prior majority Democratic board. In a series of 3-2 decisions, the...more

Republican Majority at NLRB Brings Important Pro-Employer Decisions

by Genova Burns LLC on

The recent, temporary Republican majority at the NLRB brought several important changes to Board decisions issued during the Obama Administration. In early December Republican appointees of President Trump briefly held a...more

Trump NLRB Reverses Rule on 'Micro-Units,' Continues Overhaul of Obama-Era Rulings

by Foley & Lardner LLP on

As we discussed last week, the National Labor Relations Board (NLRB) has been working hard during the holiday season to reverse landmark decisions issued by the Obama-era Board. The Board’s efforts to reshape federal labor...more

NLRB Gift: Staying Non-Union May Be A Little Easier

by Akerman LLP - HR Defense on

The NLRB offered a holiday gift to employers this year, overturning an Obama-era decision that allowed unions to organize “micro-units” of employees, by restoring a more employer-friendly standard to determine an “appropriate...more

Don’t Like that NLRB Ruling? Just Wait, it May Change!

by Miles & Stockbridge P.C. on

As 2017 and Chairman Phillip Miscimarra’s term drew to an end, the National Labor Relations Board (“NLRB” or “Board”) issued a flurry of decisions overturning several Obama-era NLRB decisions. Because Board members are...more

It’s Back: NLRB Overturns Specialty Healthcare, Returns to Traditional Community-of-Interest Standard

On December 15, 2017, a divided National Labor Relations Board (NLRB) issued a significant decision in PCC Structurals, Inc., 365 NLRB No. 160, overturning the controversial “overwhelming community-of-interest” test from...more

2017 Ending With A Bang: Obama Era NLRB “Micro Unit” Ruling Reversed

by SmithAmundsen LLC on

2017 is coming to an end, and with somewhat of a Bang! for labor relations moving forward under Trump’s NLRB. In a matter involving PCC Structurals, Inc. and the Intern’l Assoc. of Machinists & Aerospace Workers...more

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

The Pendulum Swings at the NLRB

by Murtha Cullina on

The National Labor Relations Board has always been known to be a political agency. However, the political nature of the Board has been heightened in the last several decades....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

New Republican Controlled NLRB Overrules Four Major Decisions

Earlier this year, President Trump appointed (and the Senate confirmed) two new Republican members of the National Labor Relations Board (Board) - Marvin E. Kaplan and William J. Emanuel. Together with Republican Member...more

The NLRB Restores Pre-Browning- Ferris Joint Employer Standard

by Steptoe & Johnson PLLC on

The joint employer standard, which is used to determine the extent to which one employer may become liable for obligations of another, has long been a very politically-charged issue. It therefore comes as no surprise that...more

NLRB Hands Down More Employer-Friendly Rulings

In the spirit of the holiday season, the National Labor Relations Board (“NLRB” or “the Board”) has provided employers with two more “presents” in the form of two new Board decisions. Continuing their trend from last week, on...more

Trump Board Kills Micro-Units, Weakens Unilateral Change Claims, Questions Quickie Election Rules

by Miller Canfield on

In PCC Structurals, Inc., in a 3-2 decision, the National Labor Relations Board (NLRB or Board) overturned the 2011 Specialty Healthcare decision which allowed “micro-units” of small groups of employees to organize within a...more

The Winds Keep Blowing: Miscimarra’s Final Days with the NLRB Produce More Change for Employers

by Franczek Radelet P.C. on

Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the...more

What's Appropriate: The NLRB Overturns Specialty Healthcare

by Littler on

As part of the National Labor Relations Board’s spate of recent decisions reversing Obama-era Board precedent, on December 15, 2017, the Board in PCC Structurals, Inc., 365 NLRB No. 160 (2017) overturned Specialty Healthcare,...more

NLRB Reverses Several Obama-Era Decisions; Loosens Grip on Employers

by Hogan Lovells on

In a flurry of decisions late last week, the newly-constituted majority of the National Labor Relations Board (NLRB or the Board) issued a number of decisions that signal a less interventionist approach with respect to the...more

NLRB Overturns Three Obama-Era Decisions on Labor-Management Relations

by McGuireWoods LLP on

In the closing days of outgoing Chairman Phil Miscimarra’s term, the National Labor Relations Board issued three major decisions reversing field on significant issues of labor-management relations and requested public comment...more

Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards

by Franczek Radelet P.C. on

Recently, we noted that the winds of change are blowing at the NLRB. Last week, those winds picked up considerable force as the newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer...more

‘Tis the Season for Employers: NLRB Reverses Course with Four Key Rulings

For employers, the tide is making its long awaited turn in our nation’s capital at the National Labor Relations Board (“NLRB”). Last week, the NLRB reversed precedent on four significant rules that were widely viewed as...more

NLRB Reverses Two More Obama-Era Decisions as Term Expires

On Friday, the National Labor Relations Board ended a busy week by issuing two more significant decisions on the eve of the expiration of Chairman Miscimarra’s term. The first decision, Raytheon, restored the well-established...more

The New NLRB Gets to Work: GOP-Majority Board Overturns Browning-Ferris, Changes the Law on Joint Employment and Micro-Unit...

As predicted by HR Legalist earlier this year, the new Republican-majority National Labor Relations Board (NLRB) has begun to reverse key labor rulings established during the Obama administration. On December 14, 2017, the...more

NLRB Overturns Browning Ferris Joint Employer Standard

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (December 14, 2017), by a 3-2 vote, the National Labor Relations Board (NLRB or Board) overturned its 2015 decision in...more

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