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NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

NLRB restores labor law protection for employee misconduct that accompanies Section 7 activity

On May 1, the National Labor Relations Board issued a decision that will restore protection for employee misconduct when it occurs during protected concerted activity. In Lion Elastomers LLC II, the Board overruled 3-1 a...more

No-disparagement, confidentiality provisions in separation agreements violate Section 7, NLRB says

On Tuesday, the National Labor Relations Board issued yet another decision reversing precedent established by the Trump-era Board in 2020. In McLaren Macomb, the three-member Democratic majority decided that employers may not...more

The NLRB’s December Flurry – More Return To Reason For Year End

In a flurry of decisions issued this month, the Republican majority on the National Labor Relations Board overruled several Obama-era decisions. The decisions concern employer rules for confidentiality in investigations,...more

NLRB Invites Briefs On Question Of Employee Use Of Employer Systems For Non-Business Purposes

Employers may soon learn from the National Labor Relations Board that they once again can control their own email and other electronic communications systems. On August 1, the Board published an invitation for briefs from...more

Executive Labor Summary - May - July 2018

NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play. On May 9, in a rarely-seen development, the NLRB Office of Information and...more

Executive Labor Summary - November / December 2017

News & Analysis- Leadoff memorandum of new NLRB General Counsel Robb draws immediate fire from Democrats NLRB Republican majority goes to work and asks for comment on the so-called “quickie election” rule Miscimarra is...more

Executive Labor Summary - July / August 2017

NEWS & ANALYSIS Changing of the guard at the NLRB: Two steps forward, and one step back - One of President Trump’s nominees for the National Labor Relations Board, Marvin E. Kaplan, was confirmed by the Senate on August 2...more

Executive Labor Summary - July / August 2016

NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

Executive Labor Summary: 2015 Wrap-Up Edition

U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more

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