News & Analysis as of

Unions Proposed Rules Comment Period

Conn Maciel Carey LLP

OSHA Heat Illness Rulemaking – Hearing Recap

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OSHA held its public rulemaking hearing on the proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard from June 16 through July 2, 2025. Below is a summary of the hearing and a brief...more

Fisher Phillips

OSHA’s Proposed Rule Would Allow Union Walkthroughs of All Worksites: Your 7-Step Survival Guide

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Federal safety officials have just made good on one of their promises by issuing a proposed rule that would give a designated union representative the right to accompany an OSHA inspector during a facility walkaround —...more

Bond Schoeneck & King PLLC

NLRB Proposes to Roll Back Union Election Rules

On Nov. 2, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking seeking to strengthen protections for unions in the election process. Among other things, the proposal would alter the rules...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Proposes Rescission of Recently Issued Rules on Elections

On November 4, 2022, the National Labor Relations Board (NLRB) published a notice of proposed rulemaking (NPRM) seeking to rescind the “election protection” rule published on April 1, 2020, and to restore the prior protocols,...more

Parker Poe Adams & Bernstein LLP

NLRB Reinstates Pre-2020 Union Election Rules

In 2020, the National Labor Relations Board’s (NLRB) Republican-appointed majority adopted regulations dealing with the effect of allegations of coercive conduct on pending union elections. Those rules removed the so-called...more

Littler

Potential Rescission of NLRB’s 2020 Election Protection Rule

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On November 3, 2022 the National Labor Relations Board issued a Notice of Proposed Rulemaking (NPRM) that, if adopted, would rescind a rule issued under the prior administration addressing blocking charges, voluntary...more

Frantz Ward LLP

NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union

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In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of...more

Fisher Phillips

Labor Board Proposal Aims to Make it Harder to Remove Unions

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The National Labor Relations Board just took the first step towards scrapping Trump-era rules that had made it easier for workers to undo union representation, the next pro-labor move from an increasingly active federal...more

Bowditch & Dewey

NLRB Proposes Expanded Standard for Joint-Employer Status

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On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer status under the National Labor Relations Act (NLRA). ...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

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Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

Bond Schoeneck & King PLLC

Proposed Rule Would Preclude Undergraduate and Graduate Students from Union Organizing

On September 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for...more

Hogan Lovells

Ruling Out Graduate Student Unions

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On September 20, 2019 the National Labor Relations Board (“NLRB” or “Board”) proposed a rule which, if approved, would exclude graduate and undergraduate student workers, who perform services in connection with their studies,...more

Franczek P.C.

What You Need to Know About the NLRB’s Proposed Rule Blocking Student Organizing

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The seemingly never-ending debate over private sector college- and university-student employment status continues. On Friday, September 20, the National Labor Relations Board (NLRB) announced its intent to propose a rule...more

Bricker Graydon LLP

NLRB Does What Every Watcher Expected It To Do: Declares That Teaching And Research Assistants Are Not Employees…And Does So In A...

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In the latest volley across the partisan line in the saga of whether college teaching and research assistants can unionize, the National Labor Relations Board (NLRB) released a proposed rule that would deny the ability to...more

Fisher Phillips

Grad Students Cannot Unionize Under Proposed NLRB Rule

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The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more

Harris Beach Murtha PLLC

Calling All Campuses: NLRB Proposes New Rule to Block College Student Labor Unions

In an effort to resolve a hotly debated legal issue spanning decades for private college and university employers, the National Labor Relations Board (NLRB) recently released a proposed rule that would effectively block...more

Littler

NLRB Issues Proposed Rule to Clarify Status of Private University and College Students Working in Connection with Their Studies

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On September 20, 2019, the National Labor Relations Board (Board) issued a proposed rule that would exclude from the National Labor Relations Act (Act) undergraduate and graduate students at private colleges and universities...more

Proskauer - Labor Relations Update

NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any...more

Fisher Phillips

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

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The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

Jones Day

The Death of the National Mediation Board’s "Straw Man" Decertification Procedure?

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The National Mediation Board's proposed rule would create a direct decertification procedure, eliminating its current, convoluted "straw man" decertification procedure. On January 31, 2019, the National Mediation Board...more

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