Thomas V. WalshBlog Posts
Labor Board Withdraws Proposed Rule Excluding Student Workers from NLRA CoverageIn an interesting turn foreshadowing a coming change in its leadership, the National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA). The proposed rule would have excluded students whose studies included working as teaching... Continue ReadingMarch 15, 2021 |
Congressional Democrats Advance Pro-Labor Initiatives with Reintroduction of the PRO ActWith President Biden charting a fundamentally different course in labor relations, employers should monitor developments taking place. In less than three weeks, Washington saw President Biden’s firing of National Labor Relations Board (“NLRB”) General Counsel Peter Robb, removal of Robb’s Deputy General Counsel Alice Stock, and appointment of Peter Sung Ohr as acting General Counsel... Continue ReadingFebruary 11, 2021 |
Acting NLRB General Counsel Rescinds Policy Guidance, Signals More Changes to ComeNew National Labor Relations Board (NLRB or Board) Acting General Counsel Peter Sung Ohr has wasted no time. In a February 1, 2021, Memorandum, Ohr announced rescission of 10 individual policy directives issued by Peter Robb. President Joe Biden terminated Robb as NLRB General Counsel shortly after his inauguration. Why this is important? NLRB General... Continue ReadingFebruary 3, 2021 |
Labor Board Decision Broadly Approves Holding ULP Trials by VideoThe 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 ReadingAugust 17, 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 |
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 |
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 |