National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full Remedies (issued Sept. 8, 2021).
Articles Discussing General Labor Law Topics And The NLRA.
When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person seeking access is an employee, a third-party union organizer, or an onsite contractor’s employee.
Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn in as the fifth and final member, replacing management-side attorney and Republican appointee William Emanuel, whose term ended the day before.
While one of organized labor’s most important legislative priorities, the Protecting the Right to Organize Act (PRO Act), languishes with a seemingly limited chance at becoming law, employers still must brace for substantial pro-union changes to labor law. Recent developments at the National Labor Relations Board (NLRB) have clarified some significant avenues the NLRB may pursue.
Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and industries were able to pivot and weather the devastating effects of COVID-19.
The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President Harris casting the tie-breaking vote, Abruzzo will oversee the NLRB’s field offices and will shape the interpretation and application of the National Labor Relations Act (NLRA) by determining which cases to bring to trial and which legal theories to present. In public statements, Abruzzo has stated she believes “vigorous enforcement of the [NLRA] will help level the playing field for workers and their freely chosen representatives.”
The push for pay equity has moved beyond prohibiting pay discrimination and into requiring employers encourage pay transparency for applicants and employees.
At the federal level, the National Labor Relations Act can protect discussions involving compensation as concerted activity. For federal contractors, OFCCP prohibits policies that discourage pay transparency. Many
Executive Summary: In September 2020, then-presidential candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” It, therefore, comes as no surprise that he has already implemented significant labor-related changes ranging from change in leadership, reversal of former administration guidance, the passage of legislation, and creation of agencies — with many more on the horizon that will likely directly impact the transportation industry.
The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property. Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021).
A project labor agreement (PLA) is a type of collective bargaining agreement that covers multiple unionized trades working on a single defined project. While advocates emphasize the advantages of PLAs, construction owners and contractors should be aware of the drawbacks.
The pandemic seems not to have slowed down state and local lawmakers. Indeed, over 100 new labor and employment laws and ordinances are scheduled to take effect between July 1, 2021 and November 1, 2021.
The National Labor Relations Board (NLRB) declined to modify its “contract bar” rule. Under NLRB procedure, once a collective bargaining agreement (CBA) is executed, the Board will not process a request for a representation election concerning the employees in that bargaining unit unless the petition is filed within a 30-day “window period” (typically, between the last 60-90 days prior to the CBA expiration), or after the contract expires, or after the third anniversary of any CBA that is longer than three years.
In week thirteen, the Biden administration’s labor and employment activity includes the nomination for the Assistant Secretary of Disability and Employment Policy at the Department of Labor (DOL); the Senate committee vote on the DOL’s second in command, Julie Su; […]
On March 31, 2021, National Labor Relations Board (NLRB) Acting General Counsel Peter Sung Ohr issued a memorandum stating his office will return to “vigorous enforcement” of employee rights under Section 7 rights of the National Labor Relations Act (NLRA).
On March 31, 2021, President Biden unveiled his $2 trillion infrastructure plan, the American Jobs Plan (AJP), which comes on the heels of the enactment of last month’s $1.9 trillion COVID-recovery legislation, the American Rescue Plan.