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
Articles Discussing Labor Union Organizing.
NLRB’s Final Election Protection Rule Takes Effect July 31
As the National Labor Relations Board moves toward resuming manual elections during the COVID-19 pandemic, the Board’s Final Election Protection Rule will take effect on July 31, 2020.
NLRB Employees Union to NLRB: Rescind Manual Election Guidelines
The National Labor Relations Board Union (NLRBU), which represents the employees of the National Labor Relations Board (NLRB), wants NLRB General Counsel (GC) Peter Robb to rescind his guidelines about how to conduct representation elections in-person during the COVID-19 pandemic.
The alternative is to conduct such elections by mail ballot.
Judge Rejects AFL-CIO Effort to Invalidate Entire Election Rule
The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.*
The entire new rule was scheduled to go into effect on May 31, but U.S. District Court
NLRB Specifies Recommended Protocols for Manual Elections During COVID-19
After months of permitting almost exclusively mail ballot elections due to concerns surrounding the spread of COVID-19, the National Labor Relations Board released “suggested” protocols on July 6, 2020 for holding manual elections. These protocols will facilitate a return to in-person secret ballot voting, which is generally considered far
NLRB GC to Publish Manual Ballot Protocols
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
Judge Issues Detailed Opinion Invalidating Parts of New NLRB Election Rules
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.
U.S. District Court Vacates Parts of New NLRB Election Rules and Remands Non-Vacated Parts for Reconsideration
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
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
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
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 Orders Mail Ballot Election Delayed by Pandemic Concerns to Proceed
The National Labor Relations Board (NLRB) has lifted its stay of a mail ballot election ordered by a Regional Director and denied the employer’s Request for Review of the Regional Director’s decision, based on the COVID-19 pandemic, to order a mail, rather than manual, ballot election. Atlas Pacific Engineering Company,
NLRB Emphasizes Employee Free Choice in Additional Amendments to “Quickie Election” Rules
On April 1, 2020, the National Labor Relations Board (NLRB) finalized a series of highly anticipated additional amendments to its union election procedures. The final rule, which can be found here targets the following three areas: the NLRB’s processing of …
NLRB Rejects Hospital’s Bid to Stay Representation Election based on COVID-19 Pandemic
In an unpublished decision, the National Labor Relations Board (NLRB) has denied an acute- care hospital’s request to stay a representation election based on the COVID-19 pandemic. Crozer-Chester Medical Center, Case 04-RC-257107 (Apr. 23, 2020). The union’s representation petition was filed on February 28, 2020. The union, which did not
NLRB May Revisit Standards for Employer’s Interview of Employees
The National Labor Relations Board (NLRB) has raised the possibility that it might make changes in its Johnnie’s Poultry standards, which establish safeguards to reduce the possibility an employer, while questioning an employee in preparation for a trial or hearing, might interfere with, restrain, or coerce employees in the exercise
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