Acting NLRB General Counsel Rescinds Policy Guidance, Signals More Changes to...
New National Labor Relations Board (NLRB or Board) Acting General Counsel Peter Sung Ohr has wasted no time. In a February 1, 2021, Memorandum, Ohr announced rescission of 10 individual policy...
View ArticleCongressional Democrats Advance Pro-Labor Initiatives with Reintroduction of...
With President Biden charting a fundamentally different course in labor relations, employers should monitor developments taking place. In less than three weeks, Washington saw President Biden’s firing...
View ArticleLabor Board Withdraws Proposed Rule Excluding Student Workers from NLRA Coverage
In an interesting turn foreshadowing a coming change in its leadership, the National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at...
View ArticleNLRB Finds Aggressive Bargaining Proposals Not Unlawful
An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor...
View ArticlePresident Biden Moved Quickly to Re-Direct NLRB in First 100 Days
President Joe Biden was sworn into office on January 20, 2021. In just the first 100 days, the Biden Administration has begun its return to more labor-friendly policies, rules, and decisions, similar...
View ArticleLabor Board Orders Business to Reopen; D.C. Circuit Says Not So Fast
The NLRB has the authority to order an employer to reopen a business it finds was closed for discriminatorily anti-union reasons. In RAV Truck & Trailer Repairs, Inc., 369 NLRB No. 36 (Mar. 3,...
View ArticleBiden Nominates Union-Side Attorney for Fifth NLRB Seat
President Joe Biden has nominated Gwynne Wilcox, a partner in a New York law firm specializing in employee rights, to the National Labor Relations Board (NLRB). Three of the five members of the NLRB...
View ArticleNLRB Finds I-9 Compliance Can Be Subject to Mandatory Bargaining
Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative...
View ArticleD.C. Circuit Flips NLRB; Employer’s Alleged ‘Baseless’ Statements of Opinion...
“Absent threats or promises, § 8(c) [of the National Labor Relations Act] unambiguously protects ‘any views, argument or opinion’ – even those that the agency finds misguided, flimsy, or daft,” the...
View ArticleNLRB Regional Director Expands Unit by Thousands of Voters, But ‘Micro Units’...
The National Labor Relations Board (NLRB) dismissed a union’s push to organize a micro unit of 87 employees at a Nissan assembly plant in Tennessee based on the traditional community-of-interest...
View ArticleNLRB Refuses to Deflate ‘Scabby the Rat’
A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not...
View ArticleRecent Senate Confirmations Cement Democrat Control of NLRB
The Senate confirmed two union lawyers – David Prouty and Gwynne Wilcox – to seats on the National Labor Relations Board (NLRB) on July 28, 2021, ensuring a Democratic majority for the first time in...
View ArticleThird Time the Charm? NLRB to Revisit Rights of Contractor Employee Access to...
The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of...
View ArticleNLRB General Counsel Instructs Regions to Seek Enhanced Penalties NOW
As we discussed in our recent report on National Labor Relations Board General Counsel (“GC”) Jennifer Abruzzo’s August 12th agenda for the direction of NLRB case law, employers should be ready for an...
View ArticleGC Abruzzo’s Aggressive Remedial Agenda Begins
On October 8, 2021, the National Labor Relations Board (NLRB) West Los Angeles regional office issued an unfair labor practice (ULP) complaint against the Daily Grill for allegedly violating section...
View ArticleBuild Back Better Reconciliation Bill Includes Heavy New Penalties for...
The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under...
View ArticleBuild Back Better Act Update: Committee Releases Labor Provisions for...
The Build Back Better Act passed the House on November 19, 2021. It contains controversial provisions on many subjects, including new employer penalties under the National Labor Relations Act (NLRA)....
View ArticleAlabama Court Temporarily Enjoins All Picketing in Mine Workers Strike
Strikes have been in the news recently. Employers faced with a strike, or a possible strike, often wish to know their legal options, including whether they may seek injunctive relief. The short answer...
View ArticleNLRB Rules Employers Cannot Restrict Employees’ Right to Display Union Insignia
On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with...
View ArticleTop Five Labor Law Developments for August 2022
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized...
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