On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers was an appropriate bargaining unit. The Board found that RAND’s request raised no substantial issue warranting
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
NLRB Will No Longer Approve Consent Orders
A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from the NLRB that makes it more difficult to settle charges and increases the likelihood those matters
Top Five Labor Law Developments for August 2024
The National Labor Relations Board will no longer accept “consent orders” to resolve unfair labor practice cases when terms are objected to by the charging party or Board general counsel.
NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA
Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about student-employees who seek to unionize, as required by the National Labor Relations Act (NLRA).
On August 6, 2024, the
Don’t Let Unions Sink Their Teeth into Your Property Rights
July is the best month of the year. It’s warm everywhere, even in Chicago. I look forward to the al fresco dining, outdoor concerts, neighborhood block parties, cookouts with family, and the beach. And sharks. July seems to be synonymous with this apex predator. Whether it is because the movie Jaws took place over
Top Five Labor Law Developments for July 2024
The National Labor Relations Board returned to its pre-Trump Board union election procedures.
Workplace Law After ‘Loper’: What’s Next for the NLRB?
The NLRB stands out from other administrative agencies due to its quasi-judicial nature.
NLRB Rescinds 2020 “Election Protection Rule”
The NLRB has rescinded its April 1, 2020 election rule on blocking charges, voluntary recognition and construction industry bargaining relationships. The Board’s action eliminates safeguards on the use of blocking charges, removes the 45-day window for employees to challenge an employer’s voluntary recognition of a union and lowers the bar
Labor Board Returns to Pre-Trump Board Union Election Procedures
The National Labor Relations Board (NLRB) has issued its “Fair Choice-Employee Voice” Final Rule, rescinding portions of its April 2020 union representation procedures on blocking charges, the voluntary recognition bar, and construction industry collective bargaining relationships. The Final Rule reinstates the NLRB’s pre-April 2020 rule in each area.
NLRB Finalizes New ‘Blocking Charge,’ Voluntary Recognition Rules
On July 26, 2024, the National Labor Relations Board (NLRB) finalized a rule that will eliminate the commonsense rules previously implemented by the Board in 2020 and restore the Board’s pre-2020 practice for processing union elections when the union alleges an employer has interfered with the vote and protects voluntary
Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule
A unanimous Fifth Circuit panel vacated the National Labor Relations Board’s 2023 decision in Lion Elastomers1 on the grounds that the NLRB exceeded the scope of the court’s 2021 remand and deprived Lion Elastomers of its due process rights.
Top Five Labor Law Developments for June 2024
The U.S. Supreme Court raised the standard a U.S. district court must apply when analyzing the propriety of a 10(j) injunction. No. 23-367 (June 13, 2024).
The U.S. Supreme Court Overturned Chevron: What That Means for the NLRB
The U.S. Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo and Relentless, Inc. v. Department of Commerce, Nos. 21-5166/22-1219, (June 28, 2024) overturning the Chevron doctrine left open the future scope of judicial deference to National Labor Relations Board decisions. On July 5, 2024, in Hotel De La Concepcion v. NLRB, No. 22-01272, the U.S. Court of Appeals for the D.C. Circuit issued a ruling that minimizes the impact of Loper Bright on Board decisions.
CDF Webinar: What Has Been Happening at the NLRB and with Unions in 2024?
Join CDF attorneys Mark S. Spring and Tashayla Billington for a one-hour in-depth review of the recent developments in traditional labor law. If you manage a union or non-union workforce in California, you won’t want to miss this webinar. This webinar will discuss issues related to managing unionized, or partially unionized, workforces as well as a discussion of legal issues related to the NLRB’s recent moves to aggressively regulate the policies and practices of non-union workplaces.
This webinar will cover:
– The recent NLRB joint employment standard and how it benefits unions and should scare employers.
– New strategies unions are using in organizing drives in light of Cemex and other pro-union developments at the NLRB.
– Considerations for non-union employers regarding employee handbooks and severance agreements in light of recent NLRB positions on these issues.
Do Not Become the Next Target—Unions have been aggressive about going after large retail companies like Starbucks and Amazon. They have also been aggressive in organizing industries that are not traditional union targets such as museums and family restaurants. Is your business prepared? How can businesses put themselves in the best position to avoid a union-organizing campaign and/or fight one if it comes their way? Get the answer to this question and more by joining CDF partners for what promises to be an informative and engaging webinar.
Register early to reserve your spot!
NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity
On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor rights in what could be the first NLRB ruling to find such provisions unlawful under the National Labor