Labor RelationsBlog Posts
At It Again: NLRB Proposes More Changes to Its Election Rules, PoliciesContinuing 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 ReadingJuly 28, 2020 |
U.S. Senate to Vote on New NLRB MemberThe 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 ReadingJuly 24, 2020 |
NLRB Employees Union to NLRB: Rescind Manual Election GuidelinesThe 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 ReadingJuly 16, 2020 |
NLRB General Counsel Issues Guidelines for In-Person Elections During COVID-19 PandemicIn 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 ReadingJuly 15, 2020 |
Judge Rejects AFL-CIO Effort to Invalidate Entire Election RuleThe 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 ReadingJuly 8, 2020 |
NLRB GC to Publish Manual Ballot ProtocolsNational 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 ReadingJuly 2, 2020 |
NLRB Explains Past Practice Analysis and ULP Defense under Raytheon DecisionThe 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 ReadingJune 23, 2020 |
Judge Issues Detailed Opinion Invalidating Parts of New NLRB Election RulesU.S. District Court Judge Ketanji Brown Jackson of the District of Columbia has issued a detailed memorandum opinion explaining the reasoning behind her May 30, 2020 order granting summary judgment invalidating portions of the National Labor Relations Board’s (NLRB) revised rules for representation case elections. AFL-CIO v. NLRB, No. 20-CV-0675 (June 7, 2020) The key... Continue ReadingJune 9, 2020 |
Despite Court Ruling, NLRB Implements Much of New Election RuleThe 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... Continue ReadingJune 4, 2020 |
District Court Hits “Pause” on New NLRB Election RuleThe 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... Continue ReadingMay 31, 2020 |