Archives: NLRB

Subscribe to NLRB RSS Feed

A Union Has Filed A Petition To Represent Your Employees: Make A List And Check It Twice!

Several deficiencies in a voter eligibility list justified rerunning an election that the employer had won, the NLRB has held, 2-1 (Chairman Philip Miscimarra dissenting in part). RHCG Safety Corp., 365 NLRB No. 88 (June 7, 2017). The Board found that more than 90% of the voters’ addresses on the list provided by the employer … Continue Reading

NLRB’s Budget Slashed: What Could It Mean To Your Business?

President Donald Trump has released a budget proposal reducing the National Labor Relations Board’s funding in fiscal year 2018 by nearly six percent. It also calls for significant staff reductions at a time when the agency’s caseload is projected to increase. Under the proposal, the Board’s funding would be reduced by $16 million, from $274 … Continue Reading

Labor Board Allows Evidence to Explain Employee Handbook Ban on Video Recording

The National Labor Relations Board has denied a motion for summary judgment by the NLRB’s General Counsel in a case involving Mercedes-Benz U.S. International Inc.’s maintenance of an employee handbook rule prohibiting the use of cameras and video recording devices without prior approval. The 2-1 decision allows MBUSI to attempt to prove that: (1) the … Continue Reading

President to Nominate Republican Attorneys to Fill Labor Board Vacancies

Attorneys Marvin Kaplan and William Emanuel will be nominated by President Donald J. Trump to fill the two openings on the five-member National Labor Relations Board, according to the Daily Labor Report. Trump plans to nominate Kaplan and Emanuel by June, following completion of their FBI background checks. If Kaplan and Emanuel are confirmed, the … Continue Reading

In Fastest Elections, Union Victory Rate Soars

Unions fare better in the quickest elections under the National Labor Relations Board’s April 2015 “quickie” election rules, according to a Bloomberg BNA report. Unions have continued to win elections about 67 percent of the time overall since the implementation of the rules, according to the report. However, two years after the rules went into … Continue Reading

NLRB Won’t Create Rule Extending to Nonunion Workers Right to Have Union Rep at Disciplinary Interview

The National Labor Relations Board has decided not to exercise its discretionary authority to engage in rulemaking at this time to reverse the Board’s decision in IBM Corp., 341 NLRB 1288 (2004), and extend Weingarten rights to nonunion employees. In Weingarten, the Supreme Court held that an employee has a right to re­quest the attendance … Continue Reading

NLRB Denies Petitions to Revoke Subpoenas Based on Mere Allegation of Joint Employer Status

The National Labor Relations Board has denied petitions to revoke subpoenas that were issued by an NLRB Regional Director to two companies seeking information about a possible joint employer relationship between the two employers. The subpoenas arose out of the investigation of several unfair labor practice charges filed by a union against the companies, alleging … Continue Reading

Unions Winning More Elections, But Organizing Fewer New Workers

Unions won 72% of all representation elections conducted by the National Labor Relations Board in 2016, and 74% when the election involved a small unit of 49 workers or less, according to a Bloomberg BNA report based on NLRB data. These percentages are a four-year high for unions. At the same time, fewer workers were … Continue Reading

NLRB’s New Joint Employer Standard Receives Chilly Reception During Court of Appeals Hearing

The National Labor Relations Board’s new, expanded “joint employer” standard faced sharp criticism during oral argument at the United States Court of Appeals for the District of Columbia Circuit. In Browning-Ferris, the Board created a broad new standard for determining whether two entities are joint employers. The case involved Browning Ferris Industries of California, Inc. … Continue Reading

Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review … Continue Reading

R. Alexander Acosta Picked to Head Department of Labor

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Acosta, currently the Dean of Florida International University’s law school, is the son of Cuban immigrants. If confirmed, Acosta would be the … Continue Reading

NLRB GC Instructs Regions to Hold on Class Action Waiver Cases Until Supreme Court Rules

The General Counsel of the National Labor Relations Board has instructed Regional Offices to hold in abeyance cases involving mandatory arbitration agreements with opt in or opt out clauses. Regions must do the same in cases where an employer argues that the class action waiver in its arbitration agreement is different than the one at … Continue Reading

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded. Accordingly, he explained, the players have all of the rights and protections available to employees under the Act. Click here to read the full … Continue Reading

DOL Chief Nominee Puzder’s Hearing Postponed Again

For the fourth time, Secretary of Labor nominee Andrew Puzder’s hearing before the Senate Health, Education, Labor and Pensions (HELP) Committee has been postponed, this time indefinitely, according to Politico.  The Wall Street Journal reports the postponement  is the result of “persistent questions about his ethics and financial paperwork” and that the hearing will not … Continue Reading

Puzder Hearing Delayed to February 7

The confirmation hearing for Secretary of Labor nominee Andrew Puzder before the Senate Health, Education, Labor, and Pensions (HELP) Committee has been rescheduled from February 2 to February 7. No reason has been announced. Senator Patty Murray (D. WA) released a letter in which she asked Puzder “when the Health, Education, Labor, and Pensions (HELP) … Continue Reading

Miscimarra Named Acting NLRB Chairman, Replacing Pearce

Republican Philip A. Miscimarra has been appointed acting chairman of the National Labor Relations Board  by President Donald J. Trump, according to Law360. Miscimarra replaces Mark Gaston Pearce, whose term expires on August 27, 2018. Miscimarra’s term as an NLRB member ends in December 2017. Miscimarra said, “It is an honor to be named NLRB … Continue Reading

NLRB Joint Employer Case Will Be Heard by Federal Appeals Court on March 9

Oral argument on Browning-Ferris Industries of California, Inc.’s appeal seeking to overturn the National Labor Relations Board’s  landmark joint employer decision, Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), has been scheduled for March 9, 2017, by the U.S.  Court of Appeals for the District of Columbia Circuit. The Browning-Ferris decision … Continue Reading

Trump Reaches Out to Labor Unions

President Donald J. Trump met on January 23 with several union leaders and employees in the construction and sheet metal industries, according to Politico. Unions represented at the meeting include the United Brotherhood of Carpenters, North America’s Building Trades Unions, Laborers’ International Union of North America, United Association (which represents plumbers, fitters, welders, and service … Continue Reading

Edward Hugler Named Acting Secretary of Labor

According to an announcement on the Department of Labor’s website, Edward Hugler is Acting Secretary of Labor. Hearings before the Senate Health, Education, Labor & Pensions Committee on President Donald Trump’s nomination of Andrew Puzder to be Secretary of Labor will not take place until February 2. Hugler has been with the Labor Department for … Continue Reading

DOL Nominee Puzder To Withdraw?

Andrew Puzder, President-elect Trump’s choice to head the Department of Labor, may ask that his nomination be withdrawn, according to reports in New York magazine and Politico, quoting a Republican source close to the Trump transition team.  Puzder has disputed the story, tweeting on Monday “I am looking forward to my hearing,” which will take … Continue Reading
LexBlog