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Labor Law - NLRB

Articles Discussing The National Labor Relations Board (NLRB).

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Immediate Changes at the NLRB

CDF Labor Law LLP·

By: Immediate Changes at the NLRB Bloomberg and other sources are reporting over the last hour that the Biden administration has asked National Labor Relations Board General Counsel Peter Robb, a Trump appointee to resign. Over the last few weeks, there have been rumors that unions have been pushing

Labor Board Decision Broadly Approves Holding ULP Trials by Video

Jackson Lewis P.C.·

The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont Hospital , 370 NLRB No. 9 (Aug. 13, 2020). This decision may have broad effect

NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct

Ogletree Deakins·

On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC , 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive conduct in connection with union or other protected concerted activity.

NLRB Proposed Rule Signals a Return to the Excelsior Requirement and the Advent of Absentee Ballots for Military Personnel

Littler·

In another effort to amend the 2014 final rule on “quickie elections,” on July 29, 2020, the National Labor Relations Board published a notice of proposed rulemaking (NPRM) in the Federal Register that, if implemented, would further relieve pre-e

At It Again: NLRB Proposes More Changes to Its Election Rules, Policies

Jackson Lewis P.C.·

Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be published on July 29, 2020, in a Notice of Proposed Rulemaking (NPRM) in the

NLRB’s Final Election Protection Rule Takes Effect July 31

Littler·

As the National Labor Relations Board moves toward resuming manual elections during the COVID-19 pandemic, the Board’s Final Election Protection Rule will take effect on July 31, 2020.

U.S. Senate to Vote on New NLRB Member

Jackson Lewis P.C.·

The Senate plans to vote during the last week in July on the nomination of Lauren McFerran to the National Labor Relations Board (NLRB), according to Employment Law360 . Currently, the five-member NLRB has two vacancies. McFerran, a Democrat, served on the NLRB from December 17, 2014, to December 16

NLRB Updates Standard on Discipline for Offensive Conduct

FordHarrison·

Executive Summary : On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements in the course of activity otherw

Labor Board General Counsel Provides Employer-Friendly Advice During COVID-19 Pandemic

Jackson Lewis P.C.·

The National Labor Relations Board (NLRB) General Counsel (GC) has weighed in on several COVID-19-related issues under the National Labor Relations Act (NLRA).

AFL-CIO Seeks to Stop Implementation of NLRB Blocking Charge, Other Rule Changes

Jackson Lewis P.C.·

The AFL-CIO has sued the National Labor Relations Board (NLRB) to stop implementation of changes to NLRB representation case procedures involving its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in

NLRB General Counsel Issues Guidelines for In-Person Elections During COVID-19 Pandemic

Jackson Lewis P.C.·

In an effort increase the use of the in-person or manual ballot method for conducting secret ballot elections, the National Labor Relations Board (NLRB or Board) General Counsel (GC) has issued comprehensive “suggestions” for conducting manual elections safely during the COVID-19 pandemic. Memorandu

NLRB Specifies Recommended Protocols for Manual Elections During COVID-19

Littler·

After months of permitting almost exclusively mail ballot elections due to concerns surrounding the spread of COVID-19, the National Labor Relations Board released “suggested” protocols on July 6, 2020 for holding manual elections. These protocols will facilitate a return to in-person secret ballot

NLRB Continues to Apply Common-Sense Interpretations to Employer Rules

Ogletree Deakins·

The current National Labor Relations Board (NLRB) continues to provide relief for employers whose workplace rules and policies were under attack from the Board during the Obama administration. Following the line of authority started with its decision in The Boeing Company , 365 NLRB No. 154 (2017),

NLRB Rules Against Telephonic R-Hearings Where Witnesses Will Testify

Ogletree Deakins·

On April 1, 2020, we explained that the National Labor Relations Board (NLRB) would resume processing representation cases on April 6, 2020. Since then, NLRB regional offices have been scheduling and conducting telephonic pre-election hearings and generally have been denying videoconference requests

NLRB Majority Curtails Review of Many Common Work Rules

Littler·

On October 10, 2019, the National Labor Relations Board issued an important decision in LA Specialty Produce Co., 368 NLRB No. 93 (2019). In its first ruling applying the standard established in The Boeing Co., 365 NLRB No. 154 (2017) for determining the validity of rules, policies and handbook prov

NLRB Chairman Refuses Lawmakers’ Request for Ethics Documents

Jackson Lewis P.C.·

National Labor Relations Board Chairman John Ring has again informed Democratic leaders of the U.S. House of Representatives Committee on Education and Labor that the Agency will not release documents they requested related to NLRB members’ recusals from Board cases.

Pearce Nominated for Third Term on NLRB

Jackson Lewis P.C.·

Mark Gaston Pearce has been nominated by President Donald Trump to serve a third term on the National Labor Relations Board. Pearce, a 2010 recess-appointee under then-President Barack Obama, was reappointed to a second term in 2013. That term expired on August 27, 2018. Pearce’s nomination now head

NLRB Expands Its Alternative Dispute Resolution Program

Jackson Lewis P.C.·

The National Labor Relations Board has announced it will begin a pilot program to encourage parties to use its Alternative Dispute Resolution program.

The NEW NLRB: Positive Progress, But One Big Stumble

Maynard Nexsen·

The National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor Relations Act (NLRA), which governs labor management relations at unionized and non-unionized employers. Unde

Labor Board Nominee Ring Approved By Senate Committee

Jackson Lewis P.C.·

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.