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Labor Board Poised To Even Playing Field Once Again

With the Senate’s confirmation of John Ring to the National Labor Relations Board on April 11 and the administration’s subsequent announcement on April 12 that he will be designated as the agency’s Chair, the Board is once again in a position to restore balance to the nation’s labor laws. During most of the eight years of the Obama administration, the Board was stocked with a majority of Democratic appointees, and the NLRB issued decision after decision tilting the playing field decidedly in favor of unions and workers. However, now that the NLRB has a full complement of five members, three of whom were nominated by President Trump, changes are soon to follow. What do employers need to know about this latest development?

Republican Majority Restored as Ring Confirmed to NLRB

The Senate has confirmed John Ring, a management-side employment attorney with Morgan Lewis, to a five-year term on the National Labor Relations Board (NLRB). Ring replaces Philip Miscimarra, whose term expired in December 2017. Ring's confirmation restores a 3-2 Republican majority to the Board.

With Senate Confirmation of NLRB Member John Ring, NLRB Shifts to Republican Majority

Today, the Senate, voting along party lines 50 to 48, confirmed John Ring as a member of the National Labor Relations Board. With Ring’s confirmation, the five-member NLRB is now fully staffed with a 3-2 Republican majority membership.

NLRB GC: Participating in Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity

Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board General Counsel’s Division of Advice.

Trump: Winning Over Union Leaders

In a speech advertised as addressing the country’s infrastructure woes, and his $1.5-trillion plan for a fix, President Donald Trump reportedly told the crowd that he thought he was winning over union leaders.

Charter Schools Covered by NLRA? Not in Texas

The U.S. has more than 6,000 charter schools. They are authorized in almost every state. While state laws vary, their purpose is the same: to permit alternatives to traditional public schools, unbound by local school districts or district-wide collective bargaining agreements that can stifle innovation.

After Oral Argument: Public Sector “Fair Share Fees” on Thin Ice

As we previously reported, in July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees. Fair share fees are those fees that are proportionate to the union’s costs associated with collective bargaining, contract administration, and other activities related to the union’s role as the collective bargaining representative. Public sector unions cannot use fair share fees toward their political activities, but objectors contend that political activity is inherently intertwined with public sector collective bargaining. Illinois and twenty other states currently have state laws that allow unions to collect fair share fees from public employees who choose to opt-out of union membership.

Manufacturer's Anti-Union Messages in Meetings Support Unfair Labor Practice Charges

The 2nd Circuit Court of Appeals has upheld National Labor Relation Board (NLRB) findings that an aluminum manufacturer committed multiple unfair labor practices (ULPs) before and after a union election. However, the court denied enforcement of a bargaining order issued to remedy the ULPs, ruling that the Board did not fully take into account events occurring between the time of the unfair labor practices and its order.

The NEW NLRB: Positive Progress, But One Big Stumble

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. Under the new administration, the NLRB has returned to a more moderate path for labor relations issues and begun reversing some pro-union rulings generated during the prior administration. For example, the NLRB revised its view of “micro units” and reduced its scrutiny of standard employment policies. At the same time, however, the NLRB recently stumbled regarding the joint employment doctrine.

Union Requests for Medical Information: Do You Have to Provide It?

Employers often receive requests for medical information from the unions representing their employees. These requests come up in a variety of contexts and include: