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Some Employers Will Have Workplace Rules Re-Evaluated By NLRB
The National Labor Relations Board is affording dozens of employers the chance to have cases involving the legality of their workplace rules re-evaluated under a 2017 Board decision. The Board decision...
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Labor Board Further Extends Deadline for Submitting Comments on Proposed...
The National Labor Relations Board has once again extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the...
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D.C. Circuit Court of Appeals Upholds NLRB’s Browning-Ferris Joint-Employer...
In a long-awaited decision, the D.C. Circuit Court of Appeals has upheld the controversial joint-employer standard articulated by the National Labor Relations Board in its 2015 Browning-Ferris...
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Bargaining Unit Can Still Be ‘Micro’ under ‘Community of Interest’ Standard
After the NLRB adopted a new standard for determining bargaining-unit composition, many expected fewer micro-units would result. PCC Structurals, 365 NLRB No. 160 (2017) (PCC I). However, when the...
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Report: Union Representation Numbers Remain Low
Once again, the percentage of private sector union-represented workers fell – to 6.4% in 2018, from 6.5% in 2017, according to the Bureau of Labor Statistics of the U.S. Department of Labor. Highlights...
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NLRB Overrules Obama-Board Independent Contractor Precedent, Reinstates...
The National Labor Relations Board has overruled FedEx Home Delivery, 361 NLRB 610 (2014). In that case, the Obama-Board decided that, in determining whether an individual is an independent contractor...
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NLRB Chairman Fires Back at Request to Withdraw Notice of Proposed Rulemaking...
John Ring, NLRB Chairman, has sent a five-page letter to several members of Congress in response to their request for the NLRB to withdraw its Notice of Proposed Rulemaking on the joint-employer...
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Labor Board: Nonmembers Cannot Be Compelled to Pay Union Lobbying Expenses
Unions no longer can require objectors to contribute toward union lobbying costs, the National Labor Relations Board (NLRB) has ruled in a 3-1 decision. United Nurses & Allied Professional (Kent...
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Labor Board: Is Union’s Inclusion of Weingarten Rights Statement in...
The National Labor Relations Board (NLRB) has remanded a 2013 decision to an administrative law judge to determine whether the Board’s landmark 2017 decision on work rules and policies affects its 2013...
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NLRB General Counsel Seeks to Limit Use of Investigative Subpoenas in Unfair...
The National Labor Relations Board’s Office of General Counsel is urging Regional Directors to limit their use of investigative subpoenas and instead issue complaints “based on the evidence available,”...
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NLRB: Employer Lawfully Took Control of Investigatory Interview
The NLRB has ruled that, under the particular circumstances, an employer representative lawfully barred a union representative from asking questions during an investigatory interview while the employer...
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Labor Board Upholds Employers’ Right to Provide Truthful Information about...
The National Labor Relations Board (NLRB) has dismissed a complaint against a Wisconsin employer that published a document informing employees of their right to stop paying union dues under Wisconsin’s...
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Representation-Case Procedures, Students as Employees, Access to Private...
Among the National Labor Relations Board’s (NLRB) rulemaking priorities under the National Labor Relations Act (NLRA) are its representation-case procedures, “blocking charge” and voluntary recognition...
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Ride-Hail Drivers Are Independent Contractors, Not Employees, NLRB GC Concludes
UberX and UberBLACK drivers are independent contractors, not employees, of Uber, the General Counsel (GC) of the National Labor Relations Board (NLRB) has determined in a recently released Advice...
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Labor Board: Employee Conduct in Response to Employer’s Unlawful Actions Not...
An employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to participate in a performance evaluation scheduled for discriminatory reasons, the National...
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NLRB Reminds Employers: ‘Fighting’ During Union Organizing May Be Protected...
The National Labor Relations Board has reminded employers that they must tolerate a certain degree of heated discourse during a union organizing campaign before discipline or termination may be...
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U.S. House of Representatives Passes $49 Billion Bill to Revive Underfunded...
In an effort to save pension plans from insolvency, the U.S. House of Representatives has passed the Rehabilitation for Multiemployer Pensions Act of 2019 (H.R. 397). The Act would allow the federal...
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NLRB Issues Proposed Rules To Modify Portions Of Its Election Procedures
The National Labor Relations Board has issued a proposed rule to modify three aspects of its election procedures. According to the board’s announcement, the Notice of Proposed Rulemaking (NPRM), which...
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Union’s Goal: 100,000 New Members by 2024
UNITE HERE hopes to increase its membership by one-third, to 400,000 members, by 2024, according to Bloomberg Law. UNITE HERE represents employees in the hotel, gaming, food service, airport, textile,...
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NLRB Members Lean Toward Possible Easing of Restrictions on Off-Duty Employee...
Two of the four members of the National Labor Relations Board (NLRB) have indicated they are willing to rethink a key element of the Board’s more-than-40-year-old precedent regarding employers’...
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