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Home > Federal Law Articles > Labor Law

Articles Discussing Labor Law At The Federal Level, Including Issues Under The National Labor Relations Act (NLRA).

NLRB GC to Publish Manual Ballot Protocols

July 5, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

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

July 1, 2020 | Ogletree Deakins Filed Under: Collective Bargaining

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

June 29, 2020 | Franczek P.C. Filed Under: Collective Bargaining

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 […]

The post NLRB Finds Employers Do Not Have Bargain


Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation

June 29, 2020 | Littler Filed Under: Collective Bargaining

Littler

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

June 23, 2020 | Jackson Lewis Filed Under: Unfair Labor Practices

Jackson Lewis

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

June 16, 2020 | Ogletree Deakins Filed Under: General (Labor Law)

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

June 15, 2020 | Littler Filed Under: General (Labor Law)

Littler

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

June 9, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

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

June 8, 2020 | Ogletree Deakins Filed Under: Protected Concerted Activity

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

June 4, 2020 | Ogletree Deakins Filed Under: Union Organizing

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.

Despite Court Ruling, NLRB Implements Much of New Election Rule

June 4, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The National Labor Relation Board (NLRB) has implemented several parts of its new election rule. U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in her view, were not lawfully promulgated. AFL-CIO v. NLRB, No. 20-CV-0675 (D. D.C. May 30, 2020). For more on the ruling,

NLRB Moves Forward with Bulk of Final Election Rule Changes Despite Blow Dealt by Federal Court

June 2, 2020 | Littler Filed Under: Union Organizing

Littler

On Saturday, May 30, 2020, one day before the effective date of the National Labor Relations Board’s Final Rule on Representation Case Procedures, a judge on the U.S.

District Court Hits “Pause” on New NLRB Election Rule

May 31, 2020 | Jackson Lewis Filed Under: Union Organizing

Jackson Lewis

The United States District Court for the District of Columbia has blocked several of the provisions of the National Labor Relations Board’s (NLRB) new election rule. Judge Ketanji Brown Jackson court held that those aspects of the new rule were not lawfully promulgated, because the NLRB did not follow the

NLRB Continues to Apply Common-Sense Interpretations to Employer Rules

May 28, 2020 | Ogletree Deakins Filed Under: NLRB

The current National Labor Relations Board (NLRB) continues to provide relief for employers whose workplace rules and policies were under attack from the Board during the Obama administration. Following the line of authority started with its decision in The Boeing Company, 365 NLRB No. 154 (2017), the NLRB continues to

NLRB General Counsel Issues Memo on Notice-Posting Requirement

May 25, 2020 | Ogletree Deakins Filed Under: General (Labor Law), NLRB

On May 20, 2020, National Labor Relations Board (NLRB) General Counsel Peter Robb issued new guidance in Memorandum G.C. 20-06 regarding the NLRB’s remedial notice posting requirements.

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