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OSHA Finalizes Rule Allowing Unions to Participate in OSHA Inspections

On Monday, April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its final “walkaround” rule. The final rule broadens worker and union rights to designate an employee or...more

Recognition Without an Election: NLRB Tweaks and Resurrects Joy Silk

The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine...more

NLRB Finalizes Rule Restoring Expedited Election Rules

Today the National Labor Relations Board (“Board” or “NLRB”) issued a Final Rule amending its procedures governing representation election. The new rule restores the 2014 “quickie” or “ambush” election rules, which will...more

Employers Beware: Pendulum Continues To Swing In Favor Of Unions

Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after...more

NLRB Seeks to Make Union Removal More Difficult

On November 3, 2022, the National Labor Relations Board issued a proposed rule that would rescind a 2020 rule issued under the Trump Administration and make it more difficult for workers who are dissatisfied with their unions...more

NLRB Redefines Solicitation Broadening What May Be Considered Unprotected Activity

On May 29, 2020, the National Labor Relations Board issued a decision in Wynn Las Vegas, LLC, 369 NLRB No. 91 (2020) broadening the definition of “solicitation.” The Board overruled its prior decisions in Wal-Mart Stores, 340...more

NLRB Finalizes New Rule Modifying Election Procedures To Better Protect Employee Free Choice

On March 31, 2020, the National Labor Relations Board (NLRB) issued a new rule modifying election procedures so that employees have more of a say as to whether or not they want union representation. The new rule, which is...more

The NLRB Adopts New Standards for Analyzing Workplace Rules and Determining Joint-Employer Status

The recent addition to the National Labor Relations Board (the “Board”) of two new members appointed by President Trump has altered the balance of power at that agency. This change was reflected on December 14, 2017, when the...more

NLRB Creates New Headaches for Employers Using Staffing Agency Workers

It has become increasingly common for employers to use workers supplied by a staffing agency or other third party to supplement their work forces, often in the form of “temporary workers” or leased workers. Although these...more

NLRB Holds That Hiring Permanent Strike Replacements Can Constitute an Unfair Labor Practice

The National Labor Relations Board (“NLRB”) and the courts have long recognized an employer’s right to hire permanent replacements for economic strikers. Permanent replacements have traditionally been viewed as an employer’s...more

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