NLRB
Employer’s Failure to Follow Proper NLRB Procedures after Settlement Results in Entry of Default Judgment
May 14, 2018
It should come as no surprise that in the majority of the matters wherein the National Labor Relations Board (NLRB) investigates an alleged unfair labor practice and thereafter issues a complaint, the parties enter into an informal settlement agreement.
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Recuse Me? Why the NLRB’s Order Vacating the Hy-Brand Decision Should Not Stand
March 22, 2018
Practitioners of labor law know that the 5-member panel comprising the National Labor Relations Board is appointed by the President of the United States. The Board majority (three members) are from the President’s party and the remaining two members are from the other party. As the administration changes, so does the Board majority.
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McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status
March 22, 2018
On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees.
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NLRB Reverses Obama-Era Decision Regarding Scope of Bargaining Units
March 9, 2018
The NLRB has overruled its 2011 Specialty Healthcare & Rehabilitation Center decision, making it more difficult for unions to cherry-pick small groups of employees in their organizing efforts.
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NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception
March 7, 2018
On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield an employee from discipline.
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National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard
February 27, 2018
On February 26th, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors.
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NLRB GC Is Woke! (In more ways than one…)
February 23, 2018
The National Labor Relations Board’s Office of the General Counsel recently issued an Advice Memorandum and, although the employer and employee names are blanked out, it obviously is about James Damore and Google.
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NLRB Extends Time For Public Comments On Ambush Election Rules
February 16, 2018
The National Labor Relations Board (NLRB or Board) is considering changing or even rescinding the highly controversial "ambush election rules" that significantly shortened the time period between the filing of a union election petition and the election itself.
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NLRB Resets Rules on Past Practice Changes
February 15, 2018
As the composition of the National Labor Relations Board (NLRB) continues to change under President Trump, the shift from majority Democratic appointees to majority Republican appointees has brought with it some reversals of Board precedent set under the prior administration.
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NLRB Dismantles Former Board’s Handbook Rule: What Does This Mean for Employers?
December 28, 2017
For 8 years, the Obama-era Board scrutinized employer handbooks and held that facially neutral policies and rules maintained by employers (i.e., rules that, as written, did not target protected activity) were violations of the National Labor Relations Act (NLRA) if an employee could “reasonably construe” the policy or rule to prohibit a right protected under the NLRA.
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NLRB Reverses Course on Employee Handbooks, Joint Employers, and More
December 22, 2017
Last week, the National Labor Relations Board (the “NLRB” or “Board”) issued four significant decisions reversing precedent under the National Labor Relations Act (the “NLRA” or “Act”) governing the legality of employee handbooks and employment policies, joint employment relationships, employers’ ability to unilaterally change terms and conditions of employment in accordance with a past practice, and the unionization of small bargaining units of employees (called “micro-units”).
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The Winds Keep Blowing: Miscimarra's Final Days with the NLRB Produce More Change for Employers
December 19, 2017
Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the other addressing the proper analysis for determining appropriate voting units in union elections.
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