NLRB
NLRB’s Holiday Gifts to Unions
December 20, 2022
Tis the season for giving, which the NLRB has embraced in a most generous manner to unions. Last week, the NLRB either decided or announced as a matter of policy.
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The NLRB’s Reinstatement of a Worker-Friendly Standard for Property Access
December 20, 2022
The National Labor Relations Board (“NLRB” or the “Board”) took significant steps to limit the power of property owners to restrict contractors’ workers access to their property in a 3-2 decision on Friday.
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NLRB Clears Path for Organizing Smaller Groups of Employees
December 16, 2022
Since its enactment in 1935, the National Labor Relations Act has been interpreted and enforced by the National Labor Relations Board. It isn’t any secret that the decisions interpreting the NLRA have swung back and forth as the composition of the NLRB has shifted.
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NLRB Reaffirms Safeguards for Questioning Employees in Preparation for NLRB Proceedings
December 16, 2022
On December 15th, the National Labor Relations Board reaffirmed its Johnnie’s Poultry standard for analyzing an employer’s questioning of employees in preparation for NLRB proceedings.
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The Return of the Micro-Unit: The NLRB Shifts Course Yet Again
December 14, 2022
The National Labor Relations Board has now returned to an Obama-era standard that permits a union to organize in as small a unit as it has support (i.e., micro-units).
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“Consequential Damages” Now Available In Unfair Labor Practice Cases
December 13, 2022
The National Labor Relations Board has ruled that employers can now face liability for consequential damages in unfair labor practice cases before the Board.
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The Beginning of the End of the "Election Protection Rule"
November 4, 2022
On November 3, the National Labor Relations Board (“NLRB”) issued a proposed rule that will change when elections can occur in private workplaces about whether employees should be represented by a union.
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NLRB General Counsel Proposes Sweeping Changes Impacting Employer Use of Technology to Manage and/or Monitor Employees
November 1, 2022
In sweeping new proposals, the National Labor Relations Board General Counsel, Jennifer Abruzzo, announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technologies to monitor employee misconduct and performance issues.
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NLRB Refines Standard For Conducting In-Person Union Elections
October 31, 2022
Recently, the National Labor Relations Board (NLRB) modified the standard it has been applying in determining whether a mail ballot election is appropriate, resulting in a significant change in union elections going forward.
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Continuation of Dues Checkoff Now Considered Status Quo by Divided NLRB
October 4, 2022
In a 3-2 ruling by the five-member National Labor Relations Board, employers must now continue to deduct union dues from workers’ paychecks even after collective bargaining agreements containing such provisions expire.
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NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?
September 30, 2022
If the proposed rule is issued as written, it would have significant implications for employers deemed to be joint employers—including, but not limited to, a requirement to bargain with a union that represents any jointly employed workers.
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NLRB Issues Notice of Proposed Rulemaking on Joint-Employer Status
September 7, 2022
On September 6, 2022, the National Labor Relations Board issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act.
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