Archives: NLRB

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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

NLRB Joins Other Federal Agencies in Combatting Retaliation

Several federal agencies have joined forces to release a joint Fact Sheet highlighting the various anti-retaliation provisions of the workplace laws these agencies enforce. “Retaliation Based on the Exercise of Workplace Rights is Unlawful” is a collaborative effort of the National Labor Relations Board, the Wage and Hour Division of the U.S. Department of Labor, … Continue Reading

Supreme Court to Review Validity of Class Action Waivers in Employment Arbitration Agreements

The U.S. Supreme Court has agreed to decide whether class action waivers in employment arbitration agreements violate the National Labor Relations Act. The Supreme Court’s action promises the much-anticipated resolution of the circuit court split on the issue.  The Court on January 13, 2017, granted certiorari in National Labor Relations Board v. Murphy Oil USA … Continue Reading

Federal Court Paves Way for Local ‘Right to Work’ Laws

Local governments may enact “right to work” laws, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has held. United Auto Workers v. Hardin County, No. 16-5246 (Nov. 18, 2016). The Court ruled that such a law is not preempted by the National Labor Relations Act. This is the first federal appellate court … Continue Reading

Puzder Hearing Set for January 12

According to a report in Politico, an aide to Sen. Lamar Alexander (R. Tenn.), Chairman of the Senate Health, Education, Labor and Pension (HELP) Committee, has revealed that the confirmation hearing for Andrew Puzder, President-Elect Donald Trump’s nominee for Secretary of the Department of Labor, will be held on January 12. Puzder is Chief Executive … Continue Reading

New Political Landscape Calls for Substantial Budget Cuts, SEIU President Says

Service Employees International Union, the nation’s second-largest labor union behind the National Education Association, will cut its budget by 30%, according to a December 14 internal union memo first reported by Bloomberg on December 27. A 10% cut will take place immediately; the cuts will reach 30% by the end of 2017. In the memo … Continue Reading

USDOL Secretary Nominee Puzder Hearing Set For January

United States Senator Lamar Alexander (R-Tenn.) has announced that the Senate Health, Education, Labor & Pensions (HELP) committee, which he chairs, will hold a hearing on Secretary of Labor nominee Andrew Puzder’s nomination in January when the 115th Congress convenes. Senator Alexander has praised Mr. Puzder’s “understanding of how excessive regulation can destroy jobs and … Continue Reading
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