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NLRB Division of Judges to Resume Unfair Labor Practice Hearings in June

The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for COVID-19-related reasons.

Top Five Labor Law Developments for April 2020

The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic. In Western Wall Systems, LLC, Case 28-RC-247464 (Apr. 16, 2020), the NLRB rejected an employer’s appeal of a Regional Director’s dismissal of objections to a mail-ballot election that included numerous reports of irregularities.

NLRB Orders Mail Ballot Election Delayed by Pandemic Concerns to Proceed

The National Labor Relations Board (NLRB) has lifted its stay of a mail ballot election ordered by a Regional Director and denied the employer’s Request for Review of the Regional Director’s decision, based on the COVID-19 pandemic, to order a mail, rather than manual, ballot election. Atlas Pacific Engineering Company, 27-RC-258742 (May 8, 2020).

NLRB Temporarily Changes Standard Notice-Posting Remedy during COVID-19 Pandemic

The National Labor Relations Board (NLRB) is beginning to address procedural disruptions arising due to the COVID-19 pandemic. On May 6, 2020, without a request from any party to a case, the NLRB “announce[d] . . . a temporary change in the Board’s standard notice-posting remedy to adapt to the ongoing Coronavirus pandemic.” The temporary change applies to both physical posting and e-distributing of the Notice to Employees in unfair labor practice cases. Danbury Ambulance Service, 368 NLRB No. 69 (May 6, 2020).

Employers’ Duty to Bargain Over Union COVID-19 Proposals During the Term of a Collective Bargaining Agreement

Whether and how to respond to union proposals and requests to bargain are among the important questions employers face when confronting the many health, safety and economic threats posed by the COVID-19 pandemic. Ultimately, these are business decisions that involve a number of considerations with economic, operational, labor and customer relations components. Understanding the duty to bargain imposed by the National Labor Relations Act (“Act”), however, provides a structure for fashioning appropriate responses.

Plan Ahead, Employers: NLRB Ordering Mail Ballot Elections Because of COVID-19 Pandemic

Recent representation case decisions and directions of election by National Labor Relations Board (NLRB) Regional Directors strongly suggest that, until the COVID-19 pandemic subsides, employers will have a difficult time convincing Regional Directors that NLRB representation elections should be by manual, rather than mail, balloting.

NLRB: Contract Coverage Standard Is No Defense to Unilateral Change Unless CBA ‘Explicitly’ Says So

Provisions in an expired collective-bargaining agreement (CBA) do not cover post-expiration unilateral changes under the National Labor Relations Act (NLRA), unless the expired CBA contains language explicitly providing that the relevant provision survives contract expiration, the National Labor Relations Board (NLRB) has decided. KOIN-TV, 369 NLRB No. 61 (Apr. 21, 2020).

NLRB Rejects Hospital’s Bid to Stay Representation Election based on COVID-19 Pandemic

In an unpublished decision, the National Labor Relations Board (NLRB) has denied an acute- care hospital’s request to stay a representation election based on the COVID-19 pandemic. Crozer-Chester Medical Center, Case 04-RC-257107 (Apr. 23, 2020). The union’s representation petition was filed on February 28, 2020. The union, which did not represent any of the other employees in the hospital, sought to represent separate units of all unrepresented technical and professional employees employed at the hospital. Our colleagues in the Labor and Preventive Practices practice group explains the decision. Read more here.

Teamsters Union Lost Most Members in 20 Years in 2019

According to an analysis by Bloomberg Law Daily Labor Report, the Teamsters Union lost almost 65,000 members in 2019, the largest decline in the union’s membership in 20 years. The Service Employees International Union (SEIU) added almost 45,000 members.

NLRB: Union Had Responsibility to Bargain About Employer Information Confidentiality Claim

The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over ways to protect its legitimate confidentiality interests. Oncor Electric Delivery, LLC, 369 NLRB No. 40 (Mar. 6, 2020).
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