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Top Five Labor Law Developments for August 2020

1. The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

Labor Board Decision Broadly Approves Holding ULP Trials By Video

The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont...more

NLRB: Browning-Ferris Unjustly Found A Joint Employer

The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29,...more

Despite New GC Guidelines, Mail Ballot Elections The Norm

The early evidence is in, and the results are clear. National Labor Relations Board (NLRB) Regional Directors decidedly have not embraced the General Counsel’s (GC) guidelines on conducting manual ballot (in-person) elections...more

At It Again: NLRB Proposes More Changes To Its Election Rules, Policies

Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be...more

U.S. Senate To Vote On New NLRB Member

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

AFL-CIO Seeks To Stop Implementation Of NLRB Blocking Charge, Other Rule Changes

The AFL-CIO has sued the National Labor Relations Board (NLRB) to stop implementation of changes to NLRB representation case procedures involving its blocking charge policy, the voluntary recognition bar doctrine, and its...more

National Walkout Called For July 20

A national coalition of labor unions and social justice groups is calling for a nationwide strike on July 20, 2020, to publicize issues of racial equality and police treatment of minorities. Branded the “Strike for Black...more

NLRB Employees Union To NLRB: Rescind Manual Election Guidelines

The National Labor Relations Board Union (NLRBU), which represents the employees of the National Labor Relations Board (NLRB), wants NLRB General Counsel (GC) Peter Robb to rescind his guidelines about how to conduct...more

NLRB General Counsel Issues Guidelines For In-Person Elections During COVID-19 Pandemic

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

Top Five Labor Law Developments For June 2020

1.The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement. 800 River Road Operating...more

Judge Rejects AFL-CIO Effort To Invalidate Entire Election Rule

The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.* The entire new rule was...more

NLRB GC to Publish Manual Ballot Protocols

National Labor Relations Board (NLRB) General Counsel Peter Robb appears to want NLRB Regional Directors to give more consideration to holding manual, rather than mail, ballot elections than they have during the COVID-19...more

NLRB General Counsel: Ease Make Whole Relief Burden Of Proof In Duty Of Fair Representation Cases

Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter...more

Union kNOw – Happy 85th Birthday, National Labor Relations Act And National Labor Relations Board!

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

NLRB Overrules 2016 Precedent, Eliminates Pre-Contract Obligation To Bargain Over Discipline

Reversing a four-year-old decision on the standard for employee discipline in advance of a first contract that many employers found onerous, the National Labor Relations Board (NLRB) has overruled Total Security Management...more

NLRB Explains Past Practice Analysis And ULP Defense Under Raytheon Decision

The National Labor Relations Board (NLRB) has explained the “past practice” analysis it applies in determining whether a unionized employer’s unilateral actions constitute an unlawful change under the NLRB’s decision in...more

Top Five Labor Law Developments For May 2020

1.The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie...more

Despite Court Ruling, NLRB Implements Much Of New Election Rule

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

Top Five Labor Law Developments For April 2020

1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic....more

Teamsters Union Lost Most Members In 20 Years In 2019

According to an analysis by Bloomberg Law Daily Labor Report, the Teamsters Union lost almost 65,000 members in 2019, the largest decline in the union’s membership in 20 years. The Service Employees International Union (SEIU)...more

NLRB Rejects Hospital’s Bid To Stay Representation Election based On COVID-19 Pandemic

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

NLRB Division Of Advice Decides Laborers’ Union Unlawfully Restricts Resignation

A union’s dues check off authorization card that unduly restricted an employee’s right to resign union membership violates Section 8(b)(1)(A) of the National Labor Relations Act (NLRA), the National Labor Relations Board’s...more

4/22/2020  /  Dues Checkoff , NLRA , NLRB , Union Membership , Unions

NLRB Open To Changing Criteria For Mail Ballot Elections

In an unpublished decision, the National Labor Relations Board (NLRB) has expressed an interest in possibly changing the criteria for mail balloting in a future “appropriate proceeding.” Western Wall Systems, LLC, Case...more

4/22/2020  /  Ballots , Corporate Counsel , NLRA , NLRB , Unions

NLRB May Revisit Standards For Employer’s Interview Of Employees

The National Labor Relations Board (NLRB) has raised the possibility that it might make changes in its Johnnie’s Poultry standards, which establish safeguards to reduce the possibility an employer, while questioning an...more

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