NLRA, Biden Administration, Collective Bargaining

The NLRB Returns to Its Pre-2020 Policies and Procedures in Its “New” Blocking Charge and Voluntary Recognition Rules

BakerHostetler on 8/22/2024

The National Labor Relations Board (NLRB or Board) recently revived its “blocking charge” policy, voluntary recognition process and construction industry bargaining relationship policy by returning to its pre-April 2020...more

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 11/16/2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

NLRB Confirms a Return to Union Gerrymandered Bargaining Units

Sheppard Mullin Richter & Hampton LLP on 12/20/2022

As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in American Steel Construction, Inc. (available...) and yet again overruled another case decided under the Trump...more

Rail Strike Could Cause Supply Chain, Commuter Issues

Holland & Knight LLP on 9/12/2022

Railroads are covered by the federal Railway Labor Act (RLA), a piece of legislation that historically was the result of compromise between rail labor and rail management. One of the ostensible compromises in the RLA is that...more

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

FordHarrison on 4/13/2022

Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

Littler on 4/13/2022

National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

Beltway Buzz - February 2022 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/14/2022

In a rare moment of bipartisanship - particularly in the labor and employment policy sphere - the U.S. Congress this week passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The bill...more

Democrat-led NLRB Eyes New Independent Contractor and Joint Employer Tests

Benesch on 1/10/2022

The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more

Could the National Labor Relations Act Be Getting Sharper Teeth Soon?

CDF Labor Law LLP on 12/15/2021

President Biden’s first major domestic proposal, the Build Back Better Act (“BBB Act”), has been (and will continue to be) the subject of much press and debate. Of particular interest to our audience, the BBB Act, an...more

NLRB General Counsel Explains Bargaining Obligations for Unionized Employers regarding the New Emergency Temporary Standard to...

Morgan, Brown & Joy, LLP on 12/2/2021

On November 10, 2021, the National Labor Relations Board’s General Counsel’s’ Office issued Memorandum OM-22-03 outlining an employer’s bargaining obligations with their unions relating to the recent Emergency Temporary...more

NLRB Memo Addresses Bargaining Obligations Over OSHA’s COVID-19 Emergency Temporary Standard

Littler on 11/18/2021

On November 10, 2021, Joan A. Sullivan, acting associate general counsel of the National Labor Relations Board, released Operations Management Memorandum 22-03 (OM 22-03) concerning bargaining obligations under the Department...more

Unionized Employers Must Bargain About Vaccine Policies

Bodman on 11/17/2021

On November 10, 2021, the National Labor Relations Board’s General Counsel published OM 22-03 regarding the duty to bargain over issues related to the Occupational Safety and Health Administration’s (“OSHA”) Emergency...more

NLRB’s Pro-Union Shift and Ripple Effect On Your Workplace Policies

CDF Labor Law LLP on 10/22/2021

On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”). On July 21, 2021, the U.S Senate confirmed the nomination. As the board...more

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on 10/6/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seven Things To Know About The Biden NLRB’s New “Road Map”

Woods Rogers on 9/24/2021

The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo,...more

New NLRB GC Memo Reveals Agency Strategy

Akerman LLP - HR Defense on 8/17/2021

All unionized and nonunionized private sector employers should prepare now for the anticipated legal changes contemplated in the National Labor Relations Board’s latest general counsel memorandum, GC 21-04. The Memorandum,...more

Recent Union Organizing Efforts and What Employers Can Do

Baker Donelson on 8/13/2021

During his campaign, President Biden promised to support organized labor, and he continues to act on that promise. In April 2021, President Biden issued an Executive Order creating a White House task force to develop...more

Transportation Industry Alert - Labor Law Changes from the Biden Administration on the Horizon

FordHarrison on 7/16/2021

Executive Summary: In September 2020, then-presidential candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” ...more

The Practical NLRB Advisor: Summer 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/15/2021

On the eve of his election, President Joe Biden promised to “be the most pro-union president you’ve ever seen.” True to his word, his administration has thus far granted organized labor’s every ask. Only 23 minutes into his...more

Top Five Labor Law Developments For April 2021

Jackson Lewis P.C. on 5/17/2021

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

President Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective Bargaining

Bradley Arant Boult Cummings LLP on 5/14/2021

President Biden issued his executive order on “Worker Organizing and Empowerment” on April 26, 2021. In it, he stated that “it is the policy of my Administration to encourage worker organizing and collective bargaining.” In...more

[Podcast] Vigorous Enforcement Ahead: Understanding and Preparing for the NLRB's Expanded View of Protected Concerted Activity

BakerHostetler on 5/7/2021

Jeremy Hart, an attorney in BakerHostetler’s Labor and Employment Group, discusses what employers need to know about the National Labor Relations Board’s expanded view of protected concerted activity. How does the NLRB’s...more

The National Labor Relations Act › Biden Administration › Collective Bargaining