Tag Archives: NLRB General Counsel

Labor Board Asks: Retain, Modify, or Rescind ‘Quickie Election’ Rules?

A Request for Information regarding the “Quickie Election” representation regulations (at 29 CFR parts 101 and 102) will be published on December 13, 2017, the National Labor Relations Board has announced. The RFI will seek input on the 2014 amendments to representation case procedures that reduced the opportunities for employers to communicate with their employees … Continue Reading

Misclassification of Independent Contractor is Violation of NLRA, ALJ Rules

The misclassification of an independent contractor is an unfair labor practice under the NLRA, according to Administrative Law Judge Dickie Montemayor. Intermodal Bridge Transp., No. 21-CA-157647 (Nov. 28, 2017). ALJ Montemayor said that, because such misclassification chills future concerted activity and necessarily “deprives and conceals available protections” afforded to employees under the NLRA, misclassification in … Continue Reading

Robb’s Nomination as NLRB GC Approved by Senate

The U.S. Senate has confirmed Republican Peter Robb to replace Democrat Richard Griffin as National Labor Relations Board General Counsel. Griffin’s term expired on October 31, and Jennifer Abruzzo, who has served as Deputy GC since November 4, 2013, has been serving as Acting GC since. For a review of Griffin’s actions during his four … Continue Reading

Senate Committee Approves Trump’s NLRB General Counsel Nominee

A critical National Labor Relations Board nomination was approved by the Senate’s Committee on Health, Education, Labor and Pensions on October 18, 2017, according to Bloomberg BNA. Management-side labor attorney Peter Robb’s nomination to be the Board’s next General Counsel has been long-anticipated by those interested in seeing changes in the agency’s doctrinal jurisprudence. The … Continue Reading

Quickie Election Rules, Thumbs Up Or Down?: Board Member Kaplan Again Says No Comment

In what appears to be the second unpublished decision in which he has participated since becoming a Board Member, Member Marvin E. Kaplan once again has “expresse[d] no view with respect to whether he agrees or disagrees with revisions [to the NLRB’s election procedures] made by the [“quickie] Election Rule….” Garda CL Atlantic, Inc., Case … Continue Reading

Management-Side Labor Law Attorney Peter Robb Nominated for NLRB General Counsel

As expected, Peter B. Robb has been nominated by President Donald Trump to become the National Labor Relations Board’s next General Counsel. Robb is a long-time management labor law attorney. If confirmed, Robb will succeed Richard F. Griffin, Jr., who has been GC since November 2013. Griffin’s term expires in November 2017. Among other responsibilities, … Continue Reading

Management Labor Attorney Being Considered for NLRB General Counsel Nomination

Peter B. Robb, a management-side labor law attorney, reportedly is being considered to be the National Labor Relations Board’s next General Counsel. The four-year term for the current NLRB General Counsel, Democrat Richard F. Griffin, Jr., expires this November. Robb previously worked as an NLRB field attorney and as chief counsel to Republican NLRB Member … 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

Spending Bill Leaves NLRB Budget Unchanged From 2016, Nixes Electronic Voting

The National Labor Relations Board’s wish that its budget for fiscal year 2017 be increased over its FY 2016 budget apparently will not be granted. According to Politico, at $274.2 million, Congress has left the NLRB’s budget unchanged from FY 2016. This is despite NLRB General Counsel Richard Griffin’s view, stated in a March 10, … 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

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

Reject Offensive Language in Charges and Petitions, NLRB General Counsel Says

Do not docket unfair labor practice charges or election petitions that contain “blatantly false and demeaning language or epithets” or “offensive language,” the National Labor Relations Board’s Division of Operations-Management has instructed its regional offices. In Memorandum OM 17-05, Non-Docketing of Facially Inappropriate Charge or Petition Forms, Beth Tursell, Associate to the NLRB’s General Counsel, … Continue Reading

NLRB Signals More Trouble Ahead For Employers That Misclassify Employees

For a variety of reasons, employers may prefer to treat those who provide services to them as independent contractors rather than employees. However, when employers exercise a sufficient level of control over the ostensible independent contractors (as outlined in various “factor” tests), they may be considered employees under the law. If that happens, employers can … Continue Reading

Sour Note – Musicians Are Employees, Not Independent Contractors, NLRB Tells Theater Company

A Regional Director of the National Labor Relations Board has ruled that a group of musicians were statutory employees under the National Labor Relations Act and, therefore, entitled to vote in an NLRB-conducted union representation election. In the Matter of Fiddlehead Theatre Company, Inc. and Boston Musicians Association et al., Case Number 01-RC-179597 (July 26, … Continue Reading

NLRB Drops 30-Year Precedent on Employers’ Right to Unilaterally Oust Unions Representing ‘Mixed-Guard’ Units

A divided National Labor Relations Board has overturned its 30-year-old rule that an employer may withdraw recognition, even without a showing of a loss of majority status, from a voluntarily-recognized union that represents both guards and non-guards (“mixed-guard union”) with respect to a unit of guards. Adopting a new rule proposed by the NLRB General … Continue Reading

NLRB Associate General Counsel Warns Regions About ‘Potential Literacy Issues’

The Associate General Counsel of the National Labor Relations Board has notified the NLRB’s Regional Directors, Officers-in-Charge and Resident Officers that they “should be cognizant of potential literacy issues when considering remedies” and consider requiring employers who have been found in violation of the Act to read aloud the Board’s “Notice To Employees” to assembled … Continue Reading

NLRB General Counsel Proposes Severely Limiting Employers’ Right To Lawfully Withdraw Recognition from Unions

National Labor Relation Board General Counsel Richard F. Griffin has issued a Memorandum to NLRB Regional Directors, Officers-in-Charge, and Resident Officers proposing a dramatic change in Board law on whether, and under what circumstances, an employer may unilaterally withdraw recognition from a union representing its employees. Memorandum GC 16-03 (May 9, 2016).  If adopted by … Continue Reading

NLRB General Counsel Announces Wish-List Of “Hot-Button” Issues To Be Handled By His Office

The National Labor Relations Board’s General Counsel has assembled his latest wish-list of “hot-button” issues he hopes to present to the Board for decision when the right cases are presented to his office. Because certain NLRB unfair labor practice cases “are of particular interest and would benefit from centralized consideration,” the General Counsel has determined … Continue Reading

Labor Board Acts to Address Budget Deficit

The National Labor Relations Board’s General Counsel has directed the Board’s regional offices to institute  cost-cutting measures in light of a significant budget deficit facing the agency for the balance of fiscal year 2016 (ending September 30). In Memorandum OM-16-09, NLRB Associate General Counsel Anne Purcell instructed regional directors, officers-in-charge, and residents officers to institute … Continue Reading

Quickie Elections Just Got Quicker: Electronic Signatures Okayed to Support Union Petitions

The General Counsel of the National Labor Relations Board has decided to accept electronic signatures in support of a showing of interest, effective immediately. In a September 1, 2015, memorandum (issued on September 2), General Counsel Richard Griffin wrote, “[a]s is reflected in the guidelines which follow, I have determined that the evidentiary standards that … Continue Reading

Rats, Pigs and Cats, Oh My: Union’s Display of Large Inflatable Animals and Bannering at Las Vegas Resort was Lawful, Board Judge Holds

Las Vegas, Nevada-based Laborers Local 872 did not violate the National Labor Relations Act by displaying four-foot high banners and inflatable animals 18 to 20 feet high around the perimeter of a casino and resort complex (Westgate), and partially blocking cars and patrons, because Westgate contracted with a non-union contractor (Nigro) to perform renovation work … Continue Reading

Complaint Issued by NLRB’s Acting General Counsel was Unauthorized, Federal Appeals Court Rules

Vacating a Board order adopting an Administrative Law Judge’s decision holding that an employer violated Sections 8(a)(1) and (5) of the National Labor Relations Act by ceasing to pay longevity pay under a collective bargaining agreement between the employer and the union representing its employees, the U.S. Court of Appeals for the D.C. Circuit has … Continue Reading
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