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GC Robb’s Proposed Structural Changes to NLRB Draw Fire
NLRB General Counsel Peter Robb’s reported comments on a January 11, 2018, conference call about his proposed changes to how the NLRB operates has stoked resistance from NLRB career staff and others....
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NLRB Joint Employer Decision at Risk?
The Board overturned Browning-Ferris Industries, 362 NLRB No. 186 (2015), in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Dec. 14, 2017), and returned to the more employer-friendly...
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NLRB Continues to Ask Whether Voters Were Potentially Disenfranchised When...
The National Labor Relations Board has reaffirmed it will apply a “potential-disenfranchisement” test, not an “actual-disenfranchisement” test, in determining whether employees were affected by a late...
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NLRB Solicits Briefs on Independent Contractor Misclassification as ULP Issue
National Labor Relations Board Administrative Law Judge Arthur J. Amchan had ruled in Velox Express, Inc. that misclassification of employees as independent contractors violates Section 8(a)(1) of the...
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NLRB Vacates Hy-Brand Joint Employer Decision Following Inspector General Report
In a surprising reversal, the NLRB on February 26, 2018, vacated its decision in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (2017), and restored the Board’s union-friendly joint employer...
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Changes
The song “Changes,” written by Phil Ochs, provides an opportune prism to examine the arguably cataclysmic changes implemented and portended by the new employer-friendly majority at the NLRB at the end...
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Browning-Ferris Back in the Spotlight … and at the Court of Appeals?
The drama involving the National Labor Relations Board’s precedent-busting 2015 joint employer decision continues. Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (2015), dramatically...
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Infighting at NLRB
In response to new National Labor Relations Board General Counsel Peter Robb’s proposed changes to case processing and regional office structure, two groups of senior managers and organizations...
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Employee’s Improper Access to Secured Area Outweighs Right to Engage in...
The National Labor Relations Board has held that an employee lost the protection of the National Labor Relations Act when he improperly accessed a secure area of the employer’s hotel, even though he...
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Labor Board Nominee Ring Approved By Senate Committee
The Senate Health, Education, Labor and Pensions (HELP) Committee has confirmed Republican John Ring to the National Labor Relations Board by a 12-11 vote. The next step is a vote by the full Senate....
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Senate Vote on Labor Board Nominee Ring Scheduled
Floor consideration of the nomination of Republican John Ring to be a member of the National Labor Relations Board is scheduled to take place in the Senate on April 9. Ring is expected to be confirmed...
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John Ring Expected to be Confirmed to NLRB This Week
According to an April 9, 2018, press release by the office of United States Senator Lamar Alexander (R-Tenn.), John Ring, a management labor attorney, is expected to be confirmed by the Senate this...
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Charter Schools Covered by NLRA? Not in Texas
The U.S. has more than 6,000 charter schools. They are authorized in almost every state. While state laws vary, their purpose is the same: to permit alternatives to traditional public schools, unbound...
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Ring Confirmed to Join NLRB
John Ring, a management labor attorney, has been confirmed by the U.S. Senate to a seat on the National Labor Relations Board, filling the NLRB’s only remaining vacancy. Ring was confirmed by a 50-48...
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Changes in Circumstances Counsel against NLRB Issuing Bargaining Order, Court...
A bargaining order is an extreme form of relief and should not be issued without careful consideration of whether changed circumstances render such an order inappropriate, the U.S. Court of Appeals for...
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Jackson Lewis Responds to NLRB Request for Information on Election Rules
Jackson Lewis, which has represented management before the National Labor Relations Board for 60 years, has filed its comments suggesting several important changes to the NLRB’s far-reaching 2014...
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NLRB Failed to Support Conclusion that Employee’s Disparaging Comments Were...
The U.S. Court of Appeals for the District of Columbia Circuit has refused to enforce the NLRB’s order finding that an employee’s discharge violated the National Labor Relations Act because the Board...
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Supreme Court Rules Class Action Waivers in Employment Arbitration Agreements...
Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v....
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Labor Board Considers Joint Employer Standard Rulemaking
The National Labor Relations Board has begun the process to consider rulemaking to establish a standard for determining joint employer status under the National Labor Relations Act, according to the...
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NLRB General Counsel Issues Employer-Friendly Work Rule Guidance
On June 6, NLRB General Counsel Peter Robb, the NLRB’s chief prosecutor, issued a detailed, 20-page Memorandum to the NLRB Regional Offices entitled “Guidance on Handbook Rules Post-Boeing.” (As...
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