The National Labor Relations Board (NLRB) has restored a unionized employer’s right to unilaterally discipline or discharge an employee prior to executing a first collective bargaining agreement.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
Judge Rejects AFL-CIO Effort to Invalidate Entire Election Rule
The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.*
The entire new rule was scheduled to go into effect on May 31, but U.S. District Court
NLRB Specifies Recommended Protocols for Manual Elections During COVID-19
After months of permitting almost exclusively mail ballot elections due to concerns surrounding the spread of COVID-19, the National Labor Relations Board released “suggested” protocols on July 6, 2020 for holding manual elections. These protocols will facilitate a return to in-person secret ballot voting, which is generally considered far
Labor Board Approves Rules Allowing Company Search of Employee Vehicles and Employer Provided Electronic Devices
In Verizon New York, Inc. (Verizon), the National Labor Relations Board (Board) recently found that a work rule reserving the right for the company to monitor and/or search personal property, and a rule permitting the company to monitor use of […]
NLRB General Counsel: Ease Make Whole Relief Burden of Proof in Duty of Fair Representation Cases
Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter Robb has his way.
NLRB GC to Publish Manual Ballot Protocols
National Labor Relations Board (NLRB) General Counsel Peter Robb appears to want NLRB Regional Directors to give more consideration to holding manual, rather than mail, ballot elections than they have during the COVID-19 pandemic.
According to Employment Law360, during a National Employment Law Council webinar, Robb announced he will post
NLRB Rules Notice and Opportunity to Bargain Over Discipline No Longer Required in New Bargaining Relationships
The National Labor Relations Board (NLRB) recently overturned a 2016 decision holding that an employer violates Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by failing to provide notice and an opportunity to bargain to a newly elected union prior to disciplining unit members.
NLRB Finds Employers Do Not Have Bargain Discipline with a Newly Certified Union Prior to the Signing of an Initial Contract
On Tuesday, the National Labor Relations Board (NLRB) in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, (Care One) issued a decision overturning the controversial Total Security Management decision. In Care One, the NLRB held that […]
Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation
On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over serious employee discipline imposed before the negotiation of a collective
NLRB Explains Past Practice Analysis and ULP Defense under Raytheon Decision
The National Labor Relations Board (NLRB) has explained the “past practice” analysis it applies in determining whether a unionized employer’s unilateral actions constitute an unlawful change under the NLRB’s decision in Raytheon Network Centric Systems, 365 NLRB No. 161 (2017). ABF Freight System, Inc., 369 NLRB No. 107 (June 19,
NLRB Disentangles Itself From Religious Education Institutions
On June 10, 2020, the National Labor Relations Board (NLRB) renounced jurisdiction over faculty employees at most religious educational institutions. The Bethany College case overruled the NLRB’s 2014 Pacific Lutheran University decision, through which many NLRB Regional Directors had ordered union elections at religiously-affiliated schools (such as a Catholic university
NLRB Reverses Course, Holds it has no Jurisdiction over Faculty at Religious Institutions of Higher Education
In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education. The decision, Bethany College, 369 NLRB No. 98, overturns the Board’s test from its 2014 Pacific Lutheran
Judge Issues Detailed Opinion Invalidating Parts of New NLRB Election Rules
U.S. District Court Judge Ketanji Brown Jackson of the District of Columbia has issued a detailed memorandum opinion explaining the reasoning behind her May 30, 2020 order granting summary judgment invalidating portions of the National Labor Relations Board’s (NLRB) revised rules for representation case elections. AFL-CIO v. NLRB, No.
Cell Phone Use on Hold in Manufacturing Plants After Recent NLRB Decision
The National Labor Relations Board (NLRB) issued a supplemental decision on May 20, 2020, finding lawful a policy prohibiting employees from possessing or using their cell phones on the manufacturing floor or at their workstations.
U.S. District Court Vacates Parts of New NLRB Election Rules and Remands Non-Vacated Parts for Reconsideration
In an abbreviated order issued on May 30, 2020, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) improperly implemented portions of the final rules on representation elections initially scheduled to take effect on April 16, 2020.
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