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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,…

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…

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,…

In an unpublished decision, the National Labor Relations Board (NLRB) has expressed an interest in possibly changing the criteria for mail balloting in a future “appropriate proceeding.” Western Wall Systems, LLC, Case 28-RC-247464 (Apr. 16, 2020).

NLRB elections can occur by manual ballot, by mail ballot, or by manual and mail ballot simultaneously. The…

In two decisions issued on April 16, the National Labor Relations Board (NLRB) indicated its interest in reviewing two long-standing NLRB principles: mail ballot election procedures and employee interview safeguards.

In Western Wall Systems, LLC, Case 28-RC-247464 (Apr. 16, 2020), the NLRB stated that it is “open to addressing the criteria for mail balloting…

The National Labor Relations Board (NLRB) continues to relax restrictions on rules requiring confidentiality of ongoing workplace investigations. Securitas Security Services USA, 369 NLRB No. 57 (Apr. 14, 2020).

Section 7 of the National Labor Relations Act (NLRA) protects employees’ rights to discuss workplace issues. This protection includes employee discussion of discipline, discrimination, harassment, and…

The National Labor Relations Board (NLRB) has postponed until July 31, 2020, the effective date of its final rule modifying three aspects of its election procedures: its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry.

According to the NLRB,…

The National Labor Relations Board (NLRB) has issued a Final Rule modifying three aspects of its election procedures: its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry.

The NLRB issued a Notice of Proposed Rulemaking on August 12, 2019,…

The National Labor Relations Board (NLRB) has announced that it will resume conducting representation elections on April 6, 2020.

On March 19, 2020, because of the coronavirus (COVID-19) pandemic, the NLRB had ordered the temporary suspension of Board-conducted elections through April 3, 2020.

In the announcement, NLRB Chairman John F. Ring remarked that the NLRB’s…

Peter B. Robb, the General Counsel (GC) of the National Labor Relations Board (NLRB) has issued a Memorandum setting forth summaries of NLRB decisions about unionized employers’ duty to bargain in emergency situations. Memorandum GC 20-04 “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” (March 27, 2020). The Memorandum was issued in…