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Labor Law - NLRB

Articles Discussing The National Labor Relations Board (NLRB).

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NLRB General Counsel Office Moves to Decidedly Pro-Labor Perspective

CDF Labor Law LLP·

By: NLRB General Counsel Office Moves to Decidedly Pro-Labor Perspective Last Wednesday, President Joe Biden needed a tie-breaking vote from Vice President Kamala Harris to confirm his nomination of Jennifer Abruzzo for General Counsel of the National Labor Relations Board. The Senate split the vote

The Practical NLRB Advisor – Issue 18, Summer 2021

Ogletree Deakins·

In This Issue Brian in Brief Acting GC Takes Bold Pro-Labor Actions Biden’s Labor Task Force Seeks Union Surge State AGs Slam PRO Act’s Elimination of Right-to-Work Other NLRB Developments

The Practical NLRB Advisor: Summer 2021

Ogletree Deakins·

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2021 issue of the Practical NLRB Advisor . This issue offers insight into the significant and accelerated changes in labor relations policy we have seen since President Joe Biden took of

Despite Potential Confusion, NLRB Declined to Change Representation Case Contract Bar Doctrine

Jackson Lewis P.C.·

Despite concerns over potential employee confusion about when they must exercise their right to petition for an election to decertify their union representative, in an April 21, 2021, decision , the National Labor Relations Board (NLRB) chose to retain the contract bar doctrine as it exists.

NLRB Regional Director Expands Unit by Thousands of Voters, But ‘Micro Units’ Held at Bay, For Now

Jackson Lewis P.C.·

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 standards for determining whether a unit is appropriate. Nissan North America, Inc. , 10-RC-273024 (June

Biden Nominates SEIU Attorney to National Labor Relations Board

Littler·

On May 26, 2021, President Joseph R. Biden nominated Gwynne Wilcox to fill an open seat on the National Labor Relations Board. Wilcox is currently a senior partner at a labor-side labor and employment firm, and is assistant general counsel to the Service Employees International Union (SEIU) Local 11

NLRB Inches Closer to a Pro-Union Democratic Majority

CDF Labor Law LLP·

By: NLRB Inches Closer to a Pro-Union Democratic Majority While union activity has been on the decline for years, President Joseph R. Biden vowed during his campaign to be “the most pro union president in history.” President Biden sent a clear message on his first day in office that this

Labor Board Orders Business to Reopen; D.C. Circuit Says Not So Fast

Jackson Lewis P.C.·

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, 2020), the NLRB did just that. However, upon review, the D.C. Circuit held that it “cannot

Biden Nominates Union-Side Attorney for Fifth NLRB Seat

Jackson Lewis P.C.·

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 are traditionally members of the president’s party. At present, there are four members seated, three

President Biden Moved Quickly to Re-Direct NLRB in First 100 Days

Jackson Lewis P.C.·

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 to those issued under the Obama Administration. For example, on Day 1, immediately upon taking offic

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

Jackson Lewis P.C.·

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 Relations Board (NLRB). District Hospital Partners, L.P. d/b/a The George Washington University Hos

Peter Sung Ohr has Cemented the Biden NLRB’s Direction Despite Challenges to his Interim Appointment and Prosecutorial Authority

Littler·

When President Biden took the unprecedented step of firing National Labor Relations Board (NLRB) General Counsel Peter Robb shortly after taking the oath of office on January 20, observers noted that it was a significant first step toward fulfilling his campaign promise to be “the strongest labor pr

Labor Board Withdraws Proposed Rule Excluding Student Workers from NLRA Coverage

Jackson Lewis P.C.·

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 private colleges and universities from coverage under the National Labor Relations Act (NLRA). The prop

Changing Labor Board Membership Will Require Manufacturers to Review Employment Policies

Jackson Lewis P.C.·

The Biden administration has made some early moves that strongly suggest it intends significant changes from the five-member National Labor Relations Board (NLRB) that manufacturers should watch closely.

Acting NLRB General Counsel Rescinds Policy Guidance, Signals More Changes to Come

Jackson Lewis P.C.·

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 directives issued by Peter Robb. President Joe Biden terminated Robb as NLRB General Counsel shortly after

New NLRB General Counsel Peter Song Ohr Makes First Significant Move

CDF Labor Law LLP·

By: New NLRB General Counsel Peter Song Ohr Makes First Significant Move Following up on our earlier post about all the moves President Biden was making at the NLRB General Counsel’s office, we now know that our temporary NLRB GC is Peter Song Ohr. Ohr is known as a straight shooting,

Biden Names Peter Ohr NLRB Acting General Counsel

Jackson Lewis P.C.·

On January 20th, 2021, President Joe Biden summarily removed National Labor Relations Board (NLRB) General Counsel Peter Robb from office.

Biden Starts Swiftly With Changes at Labor Board

Jackson Lewis P.C.·

Minutes following his swearing in, President Joe Biden demanded that Peter Robb resign his post as General Counsel of the National Labor Relations Board (NLRB).

Biden First 24 Hours - Many Big Changes at the NLRB - Many Questions

CDF Labor Law LLP·

By: Biden First 24 Hours - Many Big Changes at the NLRB - Many Questions When Biden said he would be the greatest President the unions have ever seen, he apparently meant it. Less than twenty-four hours after being sworn in, Biden has: removed John Ring as NLRB Chairman and

President Biden Asks NLRB General Counsel to Resign

Ogletree Deakins·

President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on that pledge, it is being reported that one of his