North and South Carolina are the least unionized states in the nation, but employers in the Carolinas should not overlook the protection the National Labor Relations Act provides for their non-union work forces, especially during the COVID-19 pandemic.
Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).
NLRB Construction Rule Change Closes Union-Recognition Loophole, but Avoids Remedying Past Wrongs
Among the many rule changes recently announced by the National Labor Relations Board (NLRB) was one specifically limited to construction industry employers — and will prospectively rectify a 20-year interpretation that ran roughshod over the rights of employees and employers.
Top Five Labor Law Developments for August 2020
The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing an unfair labor practice trial to be conducted by videoconference because of the COVID-19 pandemic
Labor Board: Successor Required to Bargain With Union Over Unilateral Layoffs
More than five years and a pandemic later, the National Labor Relations Board (NLRB) has clarified a successor employer’s union bargaining obligations regarding layoffs under the National Labor Relations Act. Tramont Manufacturing, LLC, 369 NLRB No. 136 (July 27, 2020).
WPI Labor Day Report 2020
Prior Workplace Policy Institute (WPI) Labor Day Reports focused on key employment developments and trends to provide employers with insight on the state of work and what to expect in the coming year. Employers need no reminder that 2020 is unlike any year they have ever experienced.
The Practical NLRB Advisor: Summer 2020
Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2020 issue of the Practical NLRB Advisor. This issue offers insight into the new, and, oftentimes unanticipated, labor/management issues resulting from the coronavirus pandemic. While COVID-19 brought an abrupt halt to many aspects of
The Practical NLRB Advisor – Issue 15, Summer 2020
In this issue Brian in Brief Q and A: Practical Labor Relations in a Pandemic NLRB is Operational in the Pandemic Other NLRB Developments In Other News…
NLRB Strips Employer of Dancers’ Independent Contractor Status
In a decision that may be useful to employers deciding whether workers should be classified as independent contractors or employees, the National Labor Relations Board (NLRB) found that an exotic dancer at the Centerfold Club in Columbus, Ohio, was an employee rather than an independent contractor.
Protecting The Employer’s Internal Personnel Information After The Boeing Co.
Employees have a broad legal right to communicate with one another about wages, benefits, and other employment terms. To effectuate this broad right, the National Labor Relations Board has required employers to exclude such information from their confidentiality policies. In The Boeing Co.
Labor Board Decision Broadly Approves Holding ULP Trials by Video
The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont Hospital, 370 NLRB No. 9 (Aug. 13, 2020). This decision may have broad effect even after COVID-19 concerns have
Top Five Labor Law Developments for July 2020
The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise protected under the National Labor Relations Act (NLRA).
NLRB: Browning-Ferris Unjustly Found a Joint Employer
The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29, 2020) (B-F II).
The NLRB held that the Obama-era NLRB’s 2015 decision that overruled 30 years
NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct
On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive conduct in connection with union or other protected concerted activity.
NLRB Proposed Rule Signals a Return to the Excelsior Requirement and the Advent of Absentee Ballots for Military Personnel
In another effort to amend the 2014 final rule on “quickie elections,” on July 29, 2020, the National Labor Relations Board published a notice of proposed rulemaking (NPRM) in the Federal Register that, if implemented, would further relieve pre-e
Despite New GC Guidelines, Mail Ballot Elections the Norm
The early evidence is in, and the results are clear. National Labor Relations Board (NLRB) Regional Directors decidedly have not embraced the General Counsel’s (GC) guidelines on conducting manual ballot (in-person) elections during the COVID-19 pandemic. Memorandum GC 20-10 “Suggested Manual Election Protocols” (July 6, 2020). For more on the
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