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Total Articles: 10

NLRB Overturns Precedent on Employer Work Rules

Earlier today, the Trump NLRB, in a 3-2 decision, issued its most significant decision yet. The Board overturned prior Board precedent established in Lutheran Heritage, 343 NLRB 646 (2004) regarding work rules and potential interference with section 7 rights. The Trump NLRB reached its decision in Boeing Co. and Society of Prof. Eng. Employees Local 2001, establishing a new standard while noting, “Paradoxically, Lutheran Heritage is too simplistic at the same time it is too difficult to apply . . . produc[ing] rampant confusion for employers.”

New NLRB General Counsel Signals Policy Shift

Peter Robb, the newly appointed general counsel for the National Labor Relations Board (NLRB), issued a memorandum on December 1, 2017 that suggests he may revisit some of the NLRB’s policy decisions rendered under the Obama administration. A few areas of interest in his relatively brief memorandum are highlighted below.

Labor Board Overrules Unworkable Joint-Employer Test

The newly constituted National Labor Relations Board announced that a troublesome joint-employer test adopted in 2015 would be immediately scrapped, instead reaffirming its prior reasonable standard for determining joint-employer status. Starting at once, the Board will follow the traditional common law principles requiring a finding of direct and immediate control in order to find that two entities are joint employers.

New Sheriff(s) In Town: The NLRB Issues New Test For Workplace Rules

The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant decisions this week, taking square-aim at controversial doctrines developed during the past eight years. One target in its sights: the Board’s interpretation of Lutheran Heritage, the seminal 2004 decision involving workplace civility rules.

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial Contractors Ltd., 365 No. 156 (December 14, 2017).

Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial “Quickie Election” Rules and Issues Its First Reversal of Obama-Era Policy

Because the National Labor Relations Board (NLRB) is made up of members appointed by the President, Board law shifts as administrations change. Recently, the U.S. Senate confirmed two Republicans to the Board, resulting in a Republican majority on the Board for the first time in ten years, and a new NLRB General Counsel, management-side labor lawyer Peter Robb. Swift changes followed, and more are likely.

The Trump Board Signals Changes to Come

Executive Summary: In the past two weeks, the National Labor Relations Board (NLRB) has made three important announcements that signal likely changes to come under the Trump administration.

eLABORate: Majority Republican NLRB Reasserts Exclusive Authority to Settle Labor Cases

As the National Labor Relations Board shifts to a Republican majority, a ruling this week constitutes the first of what many expect will be a series of reversals to Obama-era workplace policies.

“Honey, I Shrunk the Unions!” The Shift Towards Micro-Unions in the Gig Economy

As union membership in the private sector continues to dwindle (down to 6.4% in 2016), the American labor movement finds itself at a crossroads with the momentous, non-union gig economy. Just as the economy has evolved juristically over time, organized labor will also be forced to reinvent itself to maintain any form of relevancy. One way this is being done is through micro-unions.

Hold On! — Democratic Senators Challenge New Labor Board GC’s Plans

Senator Patty Murray (D-Wash.), Ranking Member, Committee on Health, Education, Labor and Pensions, and Senator Elizabeth Warren (D-Mass.) have written to new NLRB General Counsel Peter B. Robb “to express serious concerns regarding Memorandum 18-02, which [Robb] issued to National Labor Relations Board [] Regional Directors on December 1, 2017.” For more on NLRB General Counsel Memo 18-02, see our article, New Labor Board General Counsel Issues Plans for Reversing Course. The Senators made a number of detailed requests for information and documents regarding Robb’s decision making and thought process and requested that he provide a response by December 22.