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, see our post, District Court
NLRA
District Court Hits “Pause” on New NLRB Election Rule
By Howard M. Bloom on
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 public notice and comment procedure…
NLRB Division of Judges to Resume Unfair Labor Practice Hearings in June
By Howard M. Bloom & Jonathan J. Spitz on
The Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for COVID-19-related reasons.
It appears the NLRB expects to hold most hearings remotely, stating it “has . . .…
NLRB Orders Mail Ballot Election Delayed by Pandemic Concerns to Proceed
By Howard M. Bloom, Thomas V. Walsh, Richard F. Vitarelli & Jonathan J. Spitz on
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, 27-RC-258742 (May 8, 2020).…
NLRB Temporarily Changes Standard Notice-Posting Remedy during COVID-19 Pandemic
By Howard M. Bloom, Thomas V. Walsh, Jonathan J. Spitz & Richard F. Vitarelli on
The National Labor Relations Board (NLRB) is beginning to address procedural disruptions arising due to the COVID-19 pandemic. On May 6, 2020, without a request from any party to a case, the NLRB “announce[d] . . . a temporary change in the Board’s standard notice-posting remedy to adapt to the ongoing Coronavirus pandemic.” The temporary…
Teamsters Union Lost Most Members in 20 Years in 2019
By Howard M. Bloom & Jonathan J. Spitz on
According to an analysis by Bloomberg Law Daily Labor Report, the Teamsters Union lost almost 65,000 members in 2019, the largest decline in the union’s membership in 20 years. The Service Employees International Union (SEIU) added almost 45,000 members.
The analysis was based on a review of recently released annual LM-2 reports filed by…
NLRB Rejects Hospital’s Bid to Stay Representation Election based on COVID-19 Pandemic
By Howard M. Bloom & Jonathan J. Spitz on
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 represent any of the…
NLRB: Union Had Responsibility to Bargain About Employer Information Confidentiality Claim
The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over ways to protect its legitimate confidentiality interests. Oncor Electric Delivery, LLC, 369 NLRB No. 40 (Mar. 6,…
NLRB Division of Advice Decides Laborers’ Union Unlawfully Restricts Resignation
A union’s dues check off authorization card that unduly restricted an employee’s right to resign union membership violates Section 8(b)(1)(A) of the National Labor Relations Act (NLRA), the National Labor Relations Board’s (NLRB) Division of Advice has decided. Laborers’ Local 980 (Tutor-Perini Corp.), No. 05-CB-229670 (issued July 29, 2019, released Apr. 10, 2020).
The Division…
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 of their Section 7 rights,…