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NLRB Continues to Ask Whether Voters Were Potentially Disenfranchised When Polls Not Timely Opened

The National Labor Relations Board has reaffirmed it will apply a “potential-disenfranchisement” test, not an “actual-disenfranchisement” test, in determining whether employees were affected by a late opening of the polls at an NLRB-conducted election. Bronx Lobster Place LLC, Case 02-RC-191753 (Feb. 2, 2018) (unpublished).

Employers Take Note: Labor Board Poised to Reverse Additional Obama-Era Work Rule Interpretations

The National Labor Relations Board has taken another giant step toward repudiating the Obama-era Board’s highly restrictive interpretations of work rules, set forth in Lutheran Heritage-Livonia, 343 NLRB 646 (2004).

NLRB Extends Time For Filing Responses To “Quickie Election” Request For Information

The National Labor Relations Board has extended the time for filing responses to its request for information regarding its 2014 election rule. The new date for submissions is Monday, March 19, 2018. In that request for information, the NLRB asked three questions:

Most NLRB Personnel on Furlough Until Appropriations Bill Signed into Law

Bloomberg BNA reports that 99.4 percent of the National Labor Relations Board’s employees (1,426 out of 1,435) are furloughed beginning January 22, 2018, according to the Board’s contingency plan.

Trump Nominates John Ring to Fill NLRB Vacancy

President Trump has nominated John Ring, a management-side employment attorney with Morgan Lewis, to fill the vacancy on the National Labor Relations Board (NLRB). If confirmed, Ring would replace Philip Miscimarra, who consistently voted with employers during his term. He also would join fellow Trump nominees William Emanuel and Marvin Kaplan, both of whom joined the NLRB in 2017.

The NLRB Goes Back to the Future

It did not come as a shock to many when the National Labor Relations Board (NLRB) took advantage of its narrow window with a Republican-majority in late 2017 and overturned many controversial Obama-era NLRB rulings.

NLRB Litigates In Bad Faith And Ordered To Pay Approximately $18,000 In Fees

In Heartland Plymouth Court MI, LLC v. NLRB, 838 F.3d 16 (D.C. Cir. Sept. 30, 2016), the Federal Court of Appeals in the District of Columbia ordered the National Labor Relations Board (“NLRB”) to pay approximately $18,000 in attorneys’ fees for engaging in bad faith litigation.

NLRB Tosses "Overwhelming Community of Interest" Standard and Returns to the "Traditional Community of Interest" Standard in Determining Appropriate Bargaining Units

Executive Summary: On December 15, 2017, the National Labor Relations Board (NLRB or Board) overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which required an “overwhelming community of interest” when determining the appropriateness of a bargaining unit, and returned to the “traditional community of interest” standard that the Board has applied throughout most of history. See PCC Structurals, Inc. and International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge W24, Case 19-RC-202188.

eLABORate: NLRB Ends 2017 with Series of Decisions Sure to Make Employers Happy This New Year

The National Labor Relations Board (“Board”) issued a series of employer-friendly decisions between December 14-15, 2017 which reverse course on prior decisions that proved extremely burdensome to employers. Each decision is sure to elicit welcome sighs of relief from employers and likely will impact how employers conduct themselves in 2018.

New Year, New NLRB

As we enter the New Year, 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. The NLRB’s composition and leadership fluctuate based on presidential elections. Under the new administration, the NLRB has returned to a more moderate approach to labor relations issues and begun reversing some pro-union rulings generated during the prior administration. Recently, in December 2017, the NLRB changed course on several issues important to employers, including:

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | Reminder! California Employers Must Provide Notice of the Federal and California Earned Income Tax Credit (January 15, 2018)