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Howard M. BloomBlog 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

NLRB GC to Publish Manual Ballot Protocols

National Labor Relations Board (NLRB) General Counsel Peter Robb appears to want NLRB Regional Directors to give more consideration to holding manual, rather than mail, ballot elections than they have during the COVID-19 pandemic. According to Employment Law360, during a National Employment Law Council webinar, Robb announced he will post on the NLRB’s website his... Continue Reading
July 2, 2020

NLRB Explains Past Practice Analysis and ULP Defense under Raytheon Decision

The National Labor Relations Board (NLRB) has explained the “past practice” analysis it applies in determining whether a unionized employer’s unilateral actions constitute an unlawful change under the NLRB’s decision in Raytheon Network Centric Systems, 365 NLRB No. 161 (2017). ABF Freight System, Inc., 369 NLRB No. 107 (June 19, 2020). An employer violates the... Continue Reading
June 23, 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

District Court Hits “Pause” on New NLRB Election Rule

The United States District Court for the District of Columbia has blocked several of the provisions of the National Labor Relations Board’s (NLRB) new election rule. Judge Ketanji Brown Jackson court held that those aspects of the new rule were not lawfully promulgated, because the NLRB did not follow the public notice and comment procedure... Continue Reading
May 31, 2020

NLRB Division of Judges to Resume Unfair Labor Practice Hearings in June

The 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 Reading…
May 18, 2020

NLRB Division of Judges to Resume Unfair Labor Practice Hearings in June

The 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 Reading
May 18, 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

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