Thomas V. WalshBlog Posts
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 |
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 |
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NLRB Open to Changing Criteria for Mail Ballot ElectionsIn an unpublished decision, the National Labor Relations Board (NLRB) has expressed an interest in possibly changing the criteria for mail balloting in a future “appropriate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 |
NLRB Continues to Relax Restraints on Workplace Investigations ConfidentialityThe National Labor Relations Board (NLRB) continues to relax restrictions on rules requiring confidentiality of ongoing workplace investigations. Securitas Security Services USA, 369 NLRB No. 57 (Apr. 14, 2020). Section 7 of the National Labor Relations Act (NLRA) protects employees’ rights to discuss workplace issues. This protection includes employee discussion of discipline, discrimination, harassment, and... Continue ReadingApril 20, 2020 |
NLRB Issues Final Rule Changing Three Election ProceduresThe National Labor Relations Board (NLRB) has issued a Final Rule modifying three aspects of its election procedures: its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry. The NLRB issued a Notice of Proposed Rulemaking on August 12, 2019,... Continue ReadingApril 2, 2020 |
AFL-CIO Asks Federal Court to Overturn New NLRB Election RuleAs expected, the nation’s largest labor organization, the AFL-CIO, has filed suit in the Washington, D.C., federal court to stay implementation of, and ultimately invalidate, the National Labor Relations Board’s (NLRB) expansive election rule amendments. The rule changes, scheduled for April 16, have been widely panned by labor advocates. The suit primarily argues the... Continue ReadingMarch 10, 2020 |
NLRB Announces Broad Modifications to 2014 ‘Quickie Election’ RuleThe NLRB has announced long-awaited major modifications to its controversial 2014 election rule. The draft rule will be published on December 18 and will go into effect 120 days after that, on April 16, 2020. Critics of the so-called Quickie Election Rule are bound to view this as good news. The Board characterizes this draft... Continue ReadingDecember 13, 2019 |