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Top Five Labor Law Developments For October 2020

1. Thus far in 2020, unions prevailed in mail ballot elections at the same rate as in-person elections. According to an October 16 Bloomberg report, although voter participation was low, unions won seven out of 10 National...more

Labor Board Asks For Briefing On ‘Scabby The Rat’

The National Labor Relations Board (NLRB) has asked for the parties and amici to submit briefs answering four questions in a case involving a union’s display of a large inflatable rat, commonly called “Scabby the Rat,” and...more

Top Five Labor Law Developments For September 2020

1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more

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

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

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

NLRB Orders Mail Ballot Election Delayed By Pandemic Concerns To Proceed

The National Labor Relations Board (NLRB) has lifted its stay of a mail ballot election ordered by a Regional Director and denied the employer’s Request for Review of the Regional Director’s decision, based on the COVID-19...more

Top Five Labor Law Developments For March 2020

1.Employers affected by the COVID-19 pandemic may receive some financial relief from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but the assistance comes with union-related strings attached for some...more

NLRB Joint-Employer Rule Effective April 27, 2020

The National Labor Relations Board’s (NLRB) final rule governing determination of joint-employer status under the National Labor Relations Act (NLRA), restoring the standard that was applied for several decades, will become...more

Top Five Labor Law Developments For January And February 2020

1.The Trump Administration announced its intent to re-nominate National Labor Relations Board (NLRB) member Marvin Kaplan and former member Lauren McFerran. President Donald Trump is preparing a nomination package to ensure...more

NLRB: Confidentiality, Cell Phone, Electronic Communications Policies Lawful Under NLRB’s Work Rules Decisions

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer...more

Top Five Labor Law Developments For December 2019

1.The National Labor Relations Board (NLRB) has announced comprehensive changes to its election procedures, largely revamping the Obama-era “quickie” election rules. The new rules will slow down the election process greatly....more

Scabby The Rat Could Face Extermination Under Labor Board General Counsel’s Recommendation

A recent Advice Memorandum from the National Labor Relations Board’s (NLRB) General Counsel’s office (GC Office) has recommended that the Board engage in pest control. As background, federal labor law strictly regulates...more

6/26/2019  /  NLRA , NLRB , NLRB General Counsel , Protests , Unions

Union Pulls Rug From Labor Board’s Review Of ‘8(f)/9(a)’ Relationships

The National Labor Relations Board (NLRB) has suspended briefing in a case on whether National Labor Relations Act (NLRA) Section 9(a) bargaining relationships in the construction industry may be established by contract...more

Is That Robot In The Bargaining Unit?

Drones fly over the jobsite, snapping photos of progress and scanning the area for possible safety concerns. A 3D-printer churns out customized parts and scaled models. A remote-controlled robot lays bricks meticulously, with...more

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