In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more
9/22/2023
/ Collective Bargaining ,
Contract Negotiations ,
Corporate Counsel ,
Discipline ,
Duty to Bargain ,
Employee Handbooks ,
Employer Liability Issues ,
Independent Contractors ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Repeat Violations ,
Severance Agreements ,
Unfair Labor Practices ,
Union Elections ,
Union Organizers ,
Unions
The National Labor Relations Board continued its efforts to facilitate union organizing and upended significant aspects of prior precedent by: (1) making it easier for unions to circumvent the Board’s election procedures...more
The union membership rate among private sector workers fell to 6.0% in 2022, according to a U.S. Bureau of Labor Statistics (BLS) news release. This is down from 6.1% in 2021 and continues the overall decline since private...more
In a 3-2 decision, the National Labor Relations Board has reinstated its prior standard providing a more expansive right of off-duty contractor employees to access publicly accessible areas of the primary employer’s workplace...more
Swinging the pendulum back to imposing a higher hurdle for employers seeking to include employees improperly excluded from a proposed bargaining unit, the National Labor Relations Board (NLRB) in American Steel, 372 NLRB 23...more
Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace....more
Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings...more
1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more
7/12/2022
/ Cease and Desist Orders ,
Discrimination ,
Electronic Reporting ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
NPRM ,
Starbucks ,
Union Organizers ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more
6/16/2022
/ Collective Bargaining ,
Corporate Counsel ,
Decertification ,
Employee Rights ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Twitter ,
Union Organizers ,
Unions ,
Wage and Hour
1. The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. NLRB General Counsel Jennifer Abruzzo issued a memorandum...more
3/11/2022
/ Arbitration Agreements ,
Corporate Counsel ,
Employer Liability Issues ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
Independent Contractors ,
Mandatory Arbitration ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Union Organizers ,
Unions
1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more
10/12/2021
/ Budget Reconciliation ,
College Athletes ,
Compensation ,
Corporate Counsel ,
Health Insurance ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Premiums ,
Private Property ,
Remedies ,
Right of Access ,
Settlement Agreements ,
Union Organizers ,
Unions ,
Universities ,
Wage and Hour
1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more
The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District...more
1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more
8/23/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Email Policies ,
First Amendment ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Union Organizers ,
Unions ,
USPS ,
Vaccinations ,
Virus Testing
The National Labor Relations Board (NLRB) dismissed a union’s push to organize a micro unit of 87 employees at a Nissan assembly plant in Tennessee based on the traditional community-of-interest standards for determining...more
The NLRB has the authority to order an employer to reopen a business it finds was closed for discriminatorily anti-union reasons. In RAV Truck & Trailer Repairs, Inc., 369 NLRB No. 36 (Mar. 3, 2020), the NLRB did just that....more
The National Labor Relations Board (NLRB) declined to modify its “contract bar” rule. Under NLRB procedure, once a collective bargaining agreement (CBA) is executed, the Board will not process a request for a representation...more
1. On March 31, 2021, National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr issued a memorandum stating his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the...more
The Senate plans to vote during the last week in July on the nomination of Lauren McFerran to the National Labor Relations Board (NLRB), according to Employment Law360.
Currently, the five-member NLRB has two vacancies....more
In an effort increase the use of the in-person or manual ballot method for conducting secret ballot elections, the National Labor Relations Board (NLRB or Board) General Counsel (GC) has issued comprehensive “suggestions” for...more
The National Labor Relations Act (NLRA) and the National Labor Relations Board (NLRB) will be 85 years old on July 5, 2020.
On July 5, 1935, the Wagner Act was signed into law by President Franklin Roosevelt. That law gave...more
U.S. District Court Judge Ketanji Brown Jackson of the District of Columbia has issued a detailed memorandum opinion explaining the reasoning behind her May 30, 2020 order granting summary judgment invalidating portions of...more
The National Labor Relation Board (NLRB) has implemented several parts of its new election rule. U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in her view, were not lawfully promulgated....more
In an unpublished decision, the National Labor Relations Board (NLRB) has denied an acute- care hospital’s request to stay a representation election based on the COVID-19 pandemic. Crozer-Chester Medical Center, Case...more
The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain...more