Labor Day 2022 comes at an optimistic time for U.S. labor unions. Prior to the COVID-19 pandemic, representation petitions and elections were declining steadily. However, National Labor Relations Board (NLRB) election filings have increased by 58% in the first nine months of 2022, compared with the same time period in
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
Could Leagues and Teams be Joint Employers Before the NLRB?
The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA). The proposed rule, expected to become effective sometime in 2023, could make it more likely that professional
Second Circuit Grants Fund’s Audit Request Well Beyond CBA Coverage
In a decision that bodes poorly for unionized employers, the U.S. Court of Appeals for the Second Circuit recently held that a union benefit fund was contractually entitled to conduct an audit whose scope far exceeded the bargaining unit for whom fund contributions were required.
Public Support in Unions
Business owners and managers should know what the law restricts a company to say to their employees about a union campaign. Companies should avoid threats, interrogation, promises, surveillance and discrimination (TIPS-D) involving support for a union.
NLRB Reaffirms “Special Circumstances” Test for Union Insignia Cases
On August 29, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reaffirmed that when an employer interferes in any way with its employees’ right to display union insignia, the employer must prove special circumstances that justify its interference. See Tesla, Inc., 32-CA-197020, 371 NLRB 131 (2022). In reaching this decision, the Board overruled a 2019 decision in which it held that the “special circumstances” standard only applied to employer policies that prohibited—rather than restricted—an employee from displaying union insignia.
Top Five Labor Law Developments for August 2022
1. Compensation in non-union jobs is outpacing compensation in union-represented jobs. A Bureau of Labor and Statistics report indicates the total wage and benefit costs for private-sector nonunionized employers was 3% higher than unionized employers for the 12-month period ending June 2022. Overall, total wage and benefit costs for private-industry
NLRB Rules Employers Cannot Restrict Employees’ Right to Display Union Insignia
On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to display union insignia. 371 NLRB No. 131 (Aug. 29, 2022). The NLRB’s decision is a return to
Franczek Webinar: Momentum in the Labor Movement – Part I
Thursday, September 22 at 12 p.m. Registration Join Franczek attorneys Sally Scott, Mike Warner, Jason Patterson and renowned labor scholar Robert Bruno on September 22, 2022 for the first installment of our webinar series addressing the recent changes and trends in the labor movement. After […]
NLRB Proposes Rewidening of Joint-Employer Standard
On September 6, 2022, the National Labor Relations Board (NLRB) unveiled a draft notice of proposed rulemaking (NPRM) to replace its current rule, which clearly defines when two separate entities can be deemed joint employers under the National Labor Relations Act (NLRA), with the short-lived and much criticized standard it
Browning Ferris Returns: NLRB Again Proposes New Broader Rule for Determining Joint Employer Status
The National Labor Relations Board (“NLRB” or “the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act (“NLRA”).
Your Neutral Uniform Policy May Violate the NLRA
In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied the standard in the Supreme Court’s Republic Aviation […]
NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor Relations Act
On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National Labor Relations Act (the “Act”). Affected employers will not welcome this lump of autumnal coal.
The Practical NLRB Advisor: Summer 2022
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Summer 2022 issue of the Practical NLRB Advisor. In this issue, the Advisor takes a small departure from our usual practice of providing readers a snapshot of, and insights into, the current state of U.S.
The Practical NLRB Advisor – Issue 21, Summer 2022
In This Issue The War on Captive Audience Meetings GC Memos Address Interagency Coordination, Immigrant Protections Other NLRB Developments
Top Five Labor Law Developments for July 2022
The National Labor Relations Board clarified its rerun election procedures in cases of uncontested election misconduct. Dynamic Concepts, 371 NLRB No. 117 (July 22, 2022).
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