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Total Articles: 10

Labor Board Further Extends Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking

The National Labor Relations Board has once again extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act, this time to January 14, 2019. Replies to comments submitted during the initial comment period must be received by the Board on or before January 22, 2019.

NLRB’S Proposed Joint Employer Rule: Comment Period Extended to December 13

The National Labor Relations Board (NLRB) has extended the comment period for its new proposed joint employer rule, giving the public until December 13 to weigh in. The joint employer standard under the National Labor Relations Act (NLRA) has been the bane of many employers’ existences since even before the NLRB decided Browning-Ferris in 2015. In recognition of the difficulty in overturning this case at the Board level, NLRB Chair Ring decided to use an end run and resolve the joint-employer issue through rule making. In September, the NLRB proposed a new joint employer rule which would make it harder to find joint employers, especially in temporary employee and franchisee-franchisor relationships.

NLRB Orders Hospital to Reinstate Former Employee Who Shared Staffing Concerns With Media

A recent decision by a National Labor Relations Board (NLRB) administrative law judge (ALJ) serves as a good reminder that even nonunion employees in healthcare settings are protected by Section 7 of the National Labor Relations Act (NLRA). On November 2, 2018, ALJ Paul Bogas held that a former nonunion employee of Maine Coast Memorial Hospital had engaged in protected activity when she sent a letter to a local newspaper.

The NLRB’s New ULP Investigation Procedures: How Will They Affect Your Cases?

On December 7, 2018, National Labor Relations Board (NLRB) General Counsel Peter Robb issued General Counsel Memorandum 19-02, Reducing Case Processing Time (GC 19-02). The memorandum describes significant changes to unfair labor practice (ULP) charge investigations conducted by the agency’s regional offices. These changes will affect virtually every charge handled by the agency.

Software Company Settles NLRB Complaint for $775,000

A Silicon Valley software startup has agreed to pay $775,000 to settle an unfair labor practice claim filed by the National Labor Relations Board (NLRB) on behalf of 15 former software engineers who had sought to organize. The settlement agreement was reached just before the start of hearings.

Union kNOw – November 2018

Employees of the National Labor Relations Board (NLRB) have publicly protested a decision by NLRB Chairman John Ring and NLRB General Counsel Peter Robb to reopen labor contracts covering employees’ terms and conditions of employment, according to media reports.

Some Employers Will Have Workplace Rules Re-Evaluated By NLRB

The National Labor Relations Board is affording dozens of employers the chance to have cases involving the legality of their workplace rules re-evaluated under a 2017 Board decision. The Board decision overruled Obama-era Board precedent that hampered employers’ ability to maintain workplace conduct rules without running afoul of the National Labor Relations Act. The Board’s new initiative, first reported by Bloomberg Law, involves remanding numerous cases that held against employers for reconsideration by NLRB administrative law judges.

Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking

The National Labor Relations Board has extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act to December 13, 2018.

NLRB Finds Employer Cannot Unilaterally Implement E-Verify

The National Labor Relations Board (NLRB) found, in Ruprecht Co., 366 NLRB No. 179 (Aug. 27, 2018), an employer cannot unilaterally implement E-Verify if its employees are represented by a union; rather, it must give the union notice and opportunity to bargain about its implementation.

Labor Board: Secondary Picketing Not Protected, Subcontracted Janitors Lawfully Fired

In a ruling that may affect many industries, a three-member panel of the National Labor Relations Board (NLRB) has held that a group of subcontracted janitors in San Francisco were justifiably fired after engaging in secondary picketing at the building where they worked. Preferred Building Services, Inc., 366 NLRB No. 159 (Aug. 28, 2018). The Board ruled the employees engaged in conduct unprotected by the National Labor Relations Act (NLRA) when they urged the building’s tenants to “take responsibility” and help improve the janitors’ working conditions. The Board said the workers essentially were pressuring the building to cease doing business with their employer.