Labor RelationsBlog Posts
NLRB Division of Judges to Resume Unfair Labor Practice Hearings in JuneThe Division of Judges of the National Labor Relations Board (NLRB) has announced it is going to resume holding unfair labor practice hearings beginning on June 1, 2020. The Division had postponed all hearings during May for COVID-19-related reasons. It appears the NLRB expects to hold most hearings remotely, stating it “has . . . taken... Continue ReadingMay 18, 2020 |
NLRB Orders Mail Ballot Election Delayed by Pandemic Concerns to ProceedThe National Labor Relations Board (NLRB) has lifted its stay of a mail ballot election ordered by a Regional Director and denied the employer’s Request for Review of the Regional Director’s decision, based on the COVID-19 pandemic, to order a mail, rather than manual, ballot election. Atlas Pacific Engineering Company, 27-RC-258742 (May 8, 2020). On... Continue ReadingMay 13, 2020 |
NLRB Temporarily Changes Standard Notice-Posting Remedy during COVID-19 PandemicThe National Labor Relations Board (NLRB) is beginning to address procedural disruptions arising due to the COVID-19 pandemic. On May 6, 2020, without a request from any party to a case, the NLRB “announce[d] . . . a temporary change in the Board’s standard notice-posting remedy to adapt to the ongoing Coronavirus pandemic.” The temporary... Continue ReadingMay 11, 2020 |
Teamsters Union Lost Most Members in 20 Years in 2019According to an analysis by Bloomberg Law Daily Labor Report, the Teamsters Union lost almost 65,000 members in 2019, the largest decline in the union’s membership in 20 years. The Service Employees International Union (SEIU) added almost 45,000 members. The analysis was based on a review of recently released annual LM-2 reports filed by unions... Continue ReadingApril 26, 2020 |
NLRB Rejects Hospital’s Bid to Stay Representation Election based on COVID-19 PandemicIn an unpublished decision, the National Labor Relations Board (NLRB) has denied an acute- care hospital’s request to stay a representation election based on the COVID-19 pandemic. Crozer-Chester Medical Center, Case 04-RC-257107 (Apr. 23, 2020). The union’s representation petition was filed on February 28, 2020. The union, which did not represent any of the other... Continue ReadingApril 24, 2020 |
NLRB: Union Had Responsibility to Bargain About Employer Information Confidentiality ClaimThe 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, 2020).... Continue ReadingApril 22, 2020 |
NLRB Division of Advice Decides Laborers’ Union Unlawfully Restricts ResignationA 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... Continue ReadingApril 22, 2020 |
NLRB May Revisit Standards for Employer’s Interview of EmployeesThe 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,... Continue ReadingApril 21, 2020 |
NLRB Open to Changing Criteria for Mail Ballot ElectionsIn 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 majority... Continue ReadingApril 21, 2020 |
Labor Board Interested in Reviewing Mail Ballot Procedures and Employee Interview SafeguardsIn 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 in... Continue ReadingApril 21, 2020 |