Howard M. BloomBlog Posts
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: Browning-Ferris Unjustly Found a Joint EmployerThe National Labor Relations Board (NLRB) has ruled that Browning-Ferris Industries is not a joint employer of employees of one of its contractors. Browning-Ferris Industries of California, Inc., 369 NLRB No. 139 (July 29, 2020) (B-F II). The NLRB held that the Obama-era NLRB’s 2015 decision that overruled 30 years of NLRB precedent on the... Continue ReadingAugust 2, 2020 |
Despite New GC Guidelines, Mail Ballot Elections the NormThe early evidence is in, and the results are clear. National Labor Relations Board (NLRB) Regional Directors decidedly have not embraced the General Counsel’s (GC) guidelines on conducting manual ballot (in-person) elections during the COVID-19 pandemic. Memorandum GC 20-10 “Suggested Manual Election Protocols” (July 6, 2020). For more on the guidelines, see our blog, NLRB... Continue ReadingJuly 29, 2020 |
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 Reading…July 16, 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 Reading…July 15, 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 |