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NLRB Escalates Use of Alternative Dispute Resolution Program

The National Labor Relations Board (NLRB) announced a new pilot program to increase the use of alternative dispute resolution (ADR) and offer parties greater control over the resolution of their cases while saving both time...more

NLRB Vacates Hy-Brand Joint Employer Decision

The National Labor Relations Board (NLRB) has revived a broad, union-friendly joint employer test, at least for now. In December 2017, the board issued its decision in Hy-Brand Industrial Contractors, which put in place a...more

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

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

NLRB Relaxes Standard for Review of Employer Work Rules and Joint Employer Status

The National Labor Relations Board (NLRB or Board) has overruled two precedents that had been particularly nettlesome to the employer community. First, in The Boeing Company the NLRB, in a 3-2 decision on Dec. 14, 2017,...more

A New Direction for the National Labor Relations Board

Sworn in less than a month ago, National Labor Relations Board’s new General Counsel Peter B. Robb is wasting little time setting a new direction for the NLRB. On Dec. 1, 2017, Robb issued General Counsel Memorandum 18-02...more

NLRB Allows Private University Students to Unionize

The National Labor Board of Relations decision released on Aug. 23, 206, will have far-reaching consequences for private universities and colleges. The decision promises to be a potential source of litigation and headaches...more

Board Continues Expansion of Joint Employer Doctrine, Allows Unions to Organize Mixed Units of Regular Employees and Staffing...

Employers who rely on staffing agencies for employees must be aware of the significant expansion in the National Labor Relations Board’s treatment of the joint-employer doctrine as determined in two major recent decisions....more

Supreme Court Rules That Unaccepted Offer of Judgment Does Not Moot Class Action & NLRB Doubles Down on Horton and Expands Its...

An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, the U.S. Supreme Court ruled this week in Campbell-Ewald Co. v. Gomez. In the case, Jose Gomez filed a nationwide class-action on behalf of...more

NLRB Again Upends Long-standing Precedent in Creating Broad New Joint-Employer Standard

On August 27, 2015, the National Labor Relations Board issued its highly anticipated decision in Browning-Ferris Industries of California. In the 3-2 decision, the Board majority modified the standard for determining whether...more

NLRB Punts on College Athlete Unions

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more

NLRB Publishes Final Rule Revising Union Election Procedures

The National Labor Relations Board has again issued its final rule revising union election procedures, which will greatly shorten the time between when the union files an election petition and when the election is held. This...more

Supreme Court Rejects President Obama's NLRB Recess Appointments

President Barack Obama’s National Labor Relations Board (NLRB) member appointments made under the Recess Appointment Clause on January 4, 2012 were unconstitutional, the U.S. Supreme Court ruled in NLRB v. Noel Canning,...more

What Does The NLRB’s College Football Players Union Decision Mean For Other Universities?

Northwestern University scholarship football players are employees of the university for the purposes of the National Labor Relations Act (NLRA), NLRB Chicago Regional Director Peter Sung Ohr held on Wednesday. The...more

3/28/2014  /  College Athletes , NLRB , Unions

NLRB Reissues Rules to Expedite and Streamline Representation Elections

The National Labor Relations Board has moved quickly to reissue proposed representative election rules identical to the rules the board proposed in 2011. Last month, the NLRB rescinded the original proposal, which had...more

2/7/2014  /  NLRB , Quickie Election Rules , Unions

NLRB Update: Notice Posting and Election Rule Changes Officially Dead

Notice Posting Requirement Fight Abandoned: On January 6, 2014, the NLRB announced it will not seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the Board’s Notice Posting Rule. ...more

NLRB Notice Posting Requirement Violates Employers’ Right to Free Speech

The National Labor Relations Board (NLRB) requirement that private employers post a notice informing employees of their rights under the National Labor Relations Act (NLRA) has been invalidated by the District of Columbia...more

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