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NLRB Rules that Employers Can Prohibit Access of Off-Duty Employees of Contractors for Section 7 Rights

A property owner generally has the right to control access to its property, including the rights to restrict hours of access, to prohibit certain activities when access is granted, and exclude or prevent access. These rights...more

Proposed NLRB Rule-Making Aimed at Unions and Decertification Elections

The National Labor Relations Board (“NLRB”) announced last week that it was proposing a series of rule changes. The first and most important focuses on updating its “blocking charge” policy, as well as revising the rules...more

NLRB Overrules Board Precedent and Returns to Pure Supreme Court Test Regarding Union Solicitation

On June 14, 2019, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision overturning a 38-year precedent regarding non-employee union access to public spaces within an employer’s property. UPMC, 368...more

NLRB Advice Memoranda Provides Guidance on Employer Work Rules and Social Media

The National Labor Relations Board released a series of advice memoranda this week, two of which applied the new Boeing test to determine if a company rule or policy unlawfully restricts employees’ Section 7 right to engage...more

NLRB Restores Independent Contractor Test in SuperShuttle

On Friday, January 25, 2019, the National Labor Relations Board (“NLRB”) overruled an Obama-era decision focused on determining whether workers were independent contractors or employees and restored entrepreneurship as a key...more

Department of Labor Formally Kills Obama-Era Persuader Rule and Joint-Employer News

Obama-Era Persuader Rule is Finally Dead - On July 17, 2018, the Department of Labor (“DOL”) formally announced what has appeared inevitable since President Trump’s election – the Obama-era “Persuader Rule” is officially...more

Despite Legality, Employee Arbitration Pacts Are No Panacea

On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more

Boeing Vote Shines Bright Light on Micro-Unit Issue

On Thursday, May 31, 2018, 104 of 170 eligible employees at Boeing’s North Charleston, South Carolina plant voted in favor of union representation by the International Association of Machinists union (“IAM”). This IAM victory...more

Browning-Ferris Valid for Joint Employer Analysis Once Again

Just over two months after the National Labor Relations Board (“NLRB”) reversed the Browning-Ferris decision that re-wrote the test the NLRB used for joint employment (see our December 15 alert here), the Board vacated its...more

The National Labor Relations Board Caps a Busy Week by Throwing Out Micro-Unit Bargaining Units And Returns To Decades-Old Test...

On the heels of Thursday’s groundbreaking decisions reversing Browning-Ferris and Lutheran Heritage Village-Livonia, in another important decision on Friday, the National Labor Relations Board scrapped the Obama-era decision,...more

Flurry of NLRB Activity Highlighted by Board’s Reversal of Browning-Ferris and Return to Prior Longstanding Joint Employer...

The National Labor Relations Board, composed of a Republican majority for the first time in more than ten years, acted quickly to reverse the controversial 2015 Browning-Ferris Industries decision which had drastically...more

Change is Coming: New NLRB General Counsel Issues Memorandum Rescinding Controversial Policies and Signaling Change

The National Labor Relations Board’s new General Counsel, Peter Robb, has made the most of his first month in office. Robb, who was nominated by President Trump to replace controversial predecessor Richard Griffin, was sworn...more

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