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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 been... Continue Reading
August 17, 2020

NLRB: Browning-Ferris Unjustly Found a Joint Employer

The National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29, 2020) (B-F II). The NLRB held that the Obama-era NLRB’s 2015 decision that overruled 30 years of NLRB precedent on the... Continue Reading
August 2, 2020

Despite New GC Guidelines, Mail Ballot Elections the Norm

The early evidence is in, and the results are clear. National Labor Relations Board (NLRB) Regional Directors decidedly have not embraced the General Counsel’s (GC) guidelines on conducting manual ballot (in-person) elections during the COVID-19 pandemic. Memorandum GC 20-10 “Suggested Manual Election Protocols” (July 6, 2020). For more on the guidelines, see our blog, NLRB... Continue Reading
July 29, 2020

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... Continue Reading
July 28, 2020

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 members,... Continue Reading
July 24, 2020

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... Continue Reading
July 16, 2020

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... Continue Reading
July 15, 2020

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... Continue Reading
July 8, 2020

NLRB GC to Publish Manual Ballot Protocols

National Labor Relations Board (NLRB) General Counsel Peter Robb appears to want NLRB Regional Directors to give more consideration to holding manual, rather than mail, ballot elections than they have during the COVID-19 pandemic. According to Employment Law360, during a National Employment Law Council webinar, Robb announced he will post on the NLRB’s website his... Continue Reading
July 2, 2020

NLRB Explains Past Practice Analysis and ULP Defense under Raytheon Decision

The National Labor Relations Board (NLRB) has explained the “past practice” analysis it applies in determining whether a unionized employer’s unilateral actions constitute an unlawful change under the NLRB’s decision in Raytheon Network Centric Systems, 365 NLRB No. 161 (2017). ABF Freight System, Inc., 369 NLRB No. 107 (June 19, 2020). An employer violates the... Continue Reading
June 23, 2020

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