Articles Discussing General Labor Law Topics And The NLRA.

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.

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.

In This Issue The War on Captive Audience Meetings GC Memos Address Interagency Coordination, Immigrant Protections Other NLRB Developments

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). 

The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022). 

The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding legal protections for workers and labor unions, the General Counsel’s office of the NLRB issued Memorandum OM 22-09, reiterating NLRB policy on workers’ rights to access the NLRB collective bargaining and remedial procedures regardless of immigration status, without fear of reprisals from their employers or the federal government. 

The National Labor Relations Board (NLRB) General Counsel (GC) filed a brief seeking to expand unions’ right to obtain recognition from employers based on signed authorization cards alone, without the need for a Board election. In a brief filed on April 11 in Cemex Construction Materials Pacific, LLC, No. 28-CA-230115, General Counsel Jennifer Abruzzo advocates to reinstate the doctrine set forth in Joy Silk Mills, 85 NLRB 1263 (1949), under which an employer faced with signed authorization cards indicating a union’s majority status has no right to insist on a secret ballot election unless it can establish a good faith doubt of the union’s majority status. 

Executive Summary: It is quite rare when a three-judge panel on a court of appeals overrules prior precedent. Yet, that is exactly what happened on March 30, 2022, in Pittsburgh Mailers Union Local 22 v. PG Publishing Co. Inc. (3d Cir. 2022), an important labor law case decided by the Third Circuit (covering New Jersey, Pennsylvania, Delaware, and the Virgin Islands). The question was: does an arbitration clause in a collective bargaining agreement (CBA) survive the expiration of the CBA, and does it remain effective while the parties are attempting to negotiate a new CBA? The court answered that question in the negative.

National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled jurisprudence.

Major League Baseball and the players’ union reached agreement on a collective bargaining agreement, ending the lockout. After a nearly 100-day lockout, MLB and the Major League Baseball Players Association reached a deal on a five-year collective bargaining agreement (CBA).

The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. 

When it comes to federal agencies, the NLRB is becoming the center of federal workplace law. The NLRB is moving forward with a very aggressive agenda.

On Monday, February 7, 2022, the White House Task Force on Worker Organizing and Empowerment (Task Force) released its long-awaited Report detailing nearly 70 recommendations for revising our nation’s labor laws and regulations.

The National Labor Relations Board General Counsel’s office is advocating for overturning Trump-era Board cases defining the scope of National Labor Relations Act-protected activity.