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Thomas V. WalshBlog Posts

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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

Judge Issues Detailed Opinion Invalidating Parts of New NLRB Election Rules

U.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 Reading
June 9, 2020

Despite Court Ruling, NLRB Implements Much of New Election Rule

The 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 Reading
June 4, 2020

NLRB Orders Mail Ballot Election Delayed by Pandemic Concerns to Proceed

The 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 Reading
May 13, 2020

NLRB Temporarily Changes Standard Notice-Posting Remedy during COVID-19 Pandemic

The 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 Reading
May 11, 2020

NLRB May Revisit Standards for Employer’s Interview of Employees

The 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 Reading
April 21, 2020

NLRB Open to Changing Criteria for Mail Ballot Elections

In 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 Reading
April 21, 2020

Labor Board Interested in Reviewing Mail Ballot Procedures and Employee Interview Safeguards

In 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 Reading
April 21, 2020

NLRB Continues to Relax Restraints on Workplace Investigations Confidentiality

The 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 Reading
April 20, 2020

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