Labor Law - NLRB

On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers was an appropriate bargaining unit. The Board found that RAND’s request rai

A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from the NLRB that makes it more difficult to settle charges and increases the l

On June 13, 2024, the Supreme Court of the United States held that courts must assess requests for an injunction by the National Labor Relations Board (NLRB) using the traditional four-factor test for preliminary injunctions. The ruling weakens the Board’s ability to obtain quick court orders to mai

On December 8, 2023, National Labor Relations Board (the “Board”) General Counsel Jennifer Abruzzo issued a Guidance Memorandum (“ GC 24-02 ”) describing the practical impact of the 2023 final rule amending federal regulations that govern representation election procedures.

On October 31, 2023—Halloween—the National Labor Relations Board (NLRB) and the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a “scary” new agreement between the two federal agencies. The agreement was described as an effort to “strengthen the agencies’ pa

NLRB adopted a modified “ Joy Silk doctrine,” which facilitates union organizing by card check instead of a secret ballot election. When a union demands recognition with a majority of employee-signed cards, the employer must either (i) recognize and bargain with the union or (ii) promptly file an RM

In This Issue Latest Biden Board Activity Corralling the Administrative State Other NLRB Developments

In yet another effort to speed up the processing of cases, the National Labor Relations Board (NLRB) general counsel on May 22, 2023, issued a memorandum instructing Regional Offices to speed up compliance with Board-ordered remedies in labor cases.

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo filed a long-anticipated complaint on May 18, 2023 against the University of Southern California (USC), the Pac-12 Conference, and the National Collegiate Athletic Association (NCAA), alleging that their failure to use the t

This month ushered in the NHL and NBA playoffs. Whether you are in a city which has multiple participants (hello New York, Boston, Miami, and Los Angeles) or none (here’s looking at you Washington and Chicago), there is a prevailing belief that, due to the high stakes involved in the playoffs, refer

On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining. The decision signals the Board’s willingness to impose harsh remedies again

In a decision instructive to employers facing sudden, emergency conditions requiring immediate response, a divided National Labor Relations Board (NLRB) in Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation Center, Inc. , 372 NLRB No. 37 (December 28, 2022), expanded an employer’s oblig

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2022 issue of the Practical NLRB Advisor . In this issue, the Advisor takes a small departure from our usual practice of providing readers a snapshot of, and insights into, the current s

By Thursday of last week, we had already blogged that the week had been a busy one at the Biden National Labor Relations Board (“NLRB” or the “Board”) with the issuance of two decisions both expanding the scope of recoverable damages in charges brought before the NLRB and encouraging increased union

In a decision impacting employers that face a petition for election that seeks to represent part of the workforce, a divided National Labor Relations Board (NLRB) returned to its former Specialty Healthcare standard to apply to bargaining-unit determination cases in American Steel Construction, Inc.

By: Busy Week at the NLRB Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of: NLRB Adds Consequential Damages to Its Weapons Cache On December 13, the NLRB greatly increased the scope of its power and reach, by d

Although the National Labor Relations Board has been one of the most active and aggressive federal labor/employment agencies since Biden took control of the Executive Branch almost two years ago, there is trouble brewing. The NLRB has had the same $274 million dollar budget since 2014 according to i

On July 19, 2022, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) signed a four-page Memorandum of Understanding (MOU) regarding information sharing, cross-agency training, and outreach in areas of common regulatory interest, focusing on the “gig economy.” The agenci

On June 15, 2022, in Rieth-Riley Construction Co., Inc . , 371 NLRB No.