A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has ruled. Lippert Components Inc., 371 NLRB No. 8
Unions and Organizing
Acting NLRB General Counsel Rescinds Policy Guidance, Signals More Changes to Come
New National Labor Relations Board (NLRB or Board) Acting General Counsel Peter Sung Ohr has wasted no time. In a February 1, 2021, Memorandum, Ohr announced rescission of 10 individual policy directives issued by Peter Robb. President Joe Biden terminated Robb as NLRB General Counsel shortly after his inauguration.
Why this is important?
NLRB General…
Labor Board Provides Guidance on Propriety of Mail or Manual Ballot Elections
The National Labor Relations Board (NLRB) has established standards for its regional directors to weigh in on whether a representation election in which COVID-19 is a concern should be conducted by mail ballot or in-person (manual) ballot. Aspirus Keweenaw, 370 NLRB No. 45 (2020).
Chairman John F. Ring and Members Marvin E. Kaplan and…
Labor Board Asks for Briefing on ‘Scabby the Rat’
The National Labor Relations Board (NLRB) has asked for the parties and amici to submit briefs answering four questions in a case involving a union’s display of a large inflatable rat, commonly called “Scabby the Rat,” and two large banners on public property near the entrance of a neutral employer’s site. International Union of Operating…
Labor Board Decision Broadly Approves Holding ULP Trials by Video
The National Labor Relations Board (NLRB) upheld an administrative law judge’s (ALJ) ruling directing that an unfair labor practice trial be conducted by videoconference because of the COVID-19 pandemic. William Beaumont Hospital, 370 NLRB No. 9 (Aug. 13, 2020). This decision may have broad effect even after COVID-19 concerns have passed.
In-person testimony has…
At It Again: NLRB Proposes More Changes to Its Election Rules, Policies
Continuing its reshaping of its election rules, policies, and procedures, the National Labor Relations Board (NLRB) has proposed two new amendments to the policies and procedures governing its elections. The changes will be published on July 29, 2020, in a Notice of Proposed Rulemaking (NPRM) in the Federal Register.
Under the so-called 2014 “quickie election…
U.S. Senate to Vote on New NLRB Member
The Senate plans to vote during the last week in July on the nomination of Lauren McFerran to the National Labor Relations Board (NLRB), according to Employment Law360.
Currently, the five-member NLRB has two vacancies. McFerran, a Democrat, served on the NLRB from December 17, 2014, to December 16, 2019.
The three current NLRB…
NLRB Employees Union to NLRB: Rescind Manual Election Guidelines
The National Labor Relations Board Union (NLRBU), which represents the employees of the National Labor Relations Board (NLRB), wants NLRB General Counsel (GC) Peter Robb to rescind his guidelines about how to conduct representation elections in-person during the COVID-19 pandemic.
The alternative is to conduct such elections by mail ballot. Most NLRB elections during the…
NLRB General Counsel Issues Guidelines for In-Person Elections During COVID-19 Pandemic
In an effort increase the use of the in-person or manual ballot method for conducting secret ballot elections, the National Labor Relations Board (NLRB or Board) General Counsel (GC) has issued comprehensive “suggestions” for conducting manual elections safely during the COVID-19 pandemic. Memorandum GC 20-10 “Suggested Manual Election Protocols” (July 6, 2020). These guidelines were…
Judge Rejects AFL-CIO Effort to Invalidate Entire Election Rule
The legal saga of the National Labor Relations Board’s (NLRB) new election rule took another turn on July 1 when a federal judge found the rule was a proper exercise of statutory interpretation.*
The entire new rule was scheduled to go into effect on May 31, but U.S. District Court Judge Ketanji Brown Jackson issued …