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Related article: New NLRB General Counsel’s Revolutionary Reversal of Direction On December 14, 2017, in a 3-2 decision in Boeing Company, 365 NLRB No. 154, the National Labor Relations Board (NLRB) overruled its decision...
Category: Labor Relations
The newly-appointed General Counsel (GC) of the National Labor Relations Board (NLRB), Peter B. Robb, issued his first GC Memorandum (GC 18-02) on December 1, 2017, which provides guidance on the priorities of the Trump-era...
The National Labor Relations Board (the “NLRB” or “Board”) is a federal agency created by Congress in 1935 to administer the National Labor Relations Act (the “NLRA”). The Board functions...
Sep 07, 2016
Labor Relations
NLRB: Employer Obligated To Bargain Over “Discretionary Discipline” Arising Before CBA Is Negotiated
In the period after a labor union is newly-certified or first recognized by the employer and before a disciplinary procedure has been negotiated and set forth in a collective bargaining agreement, the employer now will be...
Jun 27, 2016
Labor Relations
Federal District Court Enjoins Department of Labor’s New Persuader Rule
A United States District Court Judge in Lubbock, Texas has issued an Order against the United States Department of Labor (“DOL”) enjoining on a nationwide basis the DOL’s Persuader Advice Exemption Rule (“Persuader...
In another decision which will assist union efforts to organize employees, the National Labor Relations Board has radically liberalized its test for determining joint-employer status. Browning-Ferris Industries of California,...
Jan 13, 2015
Labor Relations
NLRB Issues Major Decision on Employer Email and Major Rule on the Conduct of Representation Elections
In one decision and one rule, the National Labor Relations Board issued two major changes that will greatly impact employers. The first, Purple Communications, 361 NLRB No. 126 (2014), reverses the Board’s prior ruling...
The D.C. Circuit Court of Appeals, in National Association of Manufacturers v. NLRB (No. 12-5068), has vacated the National Labor Relations Board’s (“NLRB”) rule requiring covered employers to conspicuously display a...
Jul 21, 2009
Labor Relations
D.C. Circuit Sets Aside NLRB Ruling that Expanded an Employer’s Ability to Restrict Employees’ Use of Company E-Mail for Union Solicitation Purposes
In a much anticipated decision in 2007, the National Labor Relations Board (the “Board”) ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...
Jul 13, 2009
Labor Relations
Employee Free Choice Act Update
Debate over the proposed Employee Free Choice Act (“EFCA”) continues behind-the-scenes in the U.S. Senate. This controversial measure, a high priority of organized labor, would change the National Labor Relations Act...