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Howard M. BloomBlog Posts

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Infighting at NLRB

In response to new National Labor Relations Board General Counsel Peter Robb’s proposed changes to case processing and regional office structure, two groups of senior managers and organizations representing the Board’s front-line staff deemed Robb’s ideas an “existential threat” aimed to destroy the NLRB from the inside. A group of NLRB associate regional directors indicated … Continue Reading The post Infighting at NLRB appeared first on Labor & Collective Bargaining.
March 6, 2018

NLRB Extends Time For Filing Responses To “Quickie Election” Request For Information

The National Labor Relations Board has extended the time for filing responses to its request for information regarding its 2014 election rule. The new date for submissions is Monday, March 19, 2018. In that request for information, the NLRB asked three questions: Should the 2014 Election Rule be retained without change? Should the 2014 Election … Continue Reading The post NLRB Extends Time For Filing Responses To “Quickie Election” Request For Information appeared first on Labor & Collective Bargaining.
January 26, 2018

Most NLRB Personnel on Furlough Until Appropriations Bill Signed into Law

Bloomberg BNA reports that 99.4 percent of the National Labor Relations Board’s employees (1,426 out of 1,435) are furloughed beginning January 22, 2018, according to the Board’s contingency plan. If your organization has a case before the Board, expect to receive a communication from the Board Agent assigned to the case noting the Regional Office … Continue Reading The post Most NLRB Personnel on Furlough Until Appropriations Bill Signed into Law appeared first on Labor & Collective Bargaining.
January 22, 2018

New NLRB GC Opens Door to Possible Widespread Bargaining Unit Changes

The National Labor Relations Board General Counsel’s Division of Operations Management has issued a sweeping Memorandum to Regional Offices setting forth a variety of circumstances under which those offices should process “currently active [representation] cases” applying the NLRB’s recent decision (PCC Structurals, Inc.) that overruled Specialty Healthcare. “Currently active cases” is defined very broadly – … Continue Reading The post New NLRB GC Opens Door to Possible Widespread Bargaining Unit Changes appeared first on Labor & Collective Bargaining.
December 25, 2017

Kaplan Named Chair of Labor Board

President Donald Trump has named new National Labor Relations Board Member Marvin E. Kaplan Chairman. Kaplan was sworn in as a Board Member on August 10, 2017, for a term ending on August 27, 2020. Kaplan said: “The President’s announcement is an honor and privilege, and I look forward to serving as Chairman of the … Continue Reading The post Kaplan Named Chair of Labor Board appeared first on Labor & Collective Bargaining.
December 22, 2017

Board Overrules Specialty Healthcare

In a stunning development, the National Labor Relations Board has overruled Specialty Healthcare, the so-called “micro-unit” decision and replaced the “overwhelming community-of-interest” standard adopted there with the traditional “community-of-interest” standard for determining an appropriate bargaining unit in union representation cases. PCC Structurals, Inc., 365 NLRB No. 160 (December 15, 2017). Under Specialty Healthcare, if a … Continue Reading The post Board Overrules Specialty Healthcare appeared first on Labor & Collective Bargaining.
December 15, 2017

NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test

The National Labor Relations Board has overruled, 3-2, Browning-Ferris Industries, 362 NLRB No. 186 (2015) and returned to the pre–Browning Ferris standard that governed joint-employer liability. Hy-Brand Industrial Contractors Ltd., 365 No. 156 (December 14, 2017). The Board wrote: “We find that the Browning-Ferris standard is a distortion of common law as interpreted by the … Continue Reading The post NLRB Overrules Browning-Ferris Joint Employer Standard, Reinstates Former Test appeared first on Labor & Collective Bargaining.
December 14, 2017

Trump Board Overrules Workplace Rules Analysis

In a stunning development, the National Labor Relations Board has decided that when determining the legality of a facially neutral rule under the National Labor Relations Act, it will consider (i) the nature and extent of the potential impact on rights protected by the Act, and (ii) legitimate justifications associated with the rule. By a … Continue Reading The post Trump Board Overrules Workplace Rules Analysis appeared first on Labor & Collective Bargaining.
December 14, 2017

Robb’s Nomination as NLRB GC Approved by Senate

The U.S. Senate has confirmed Republican Peter Robb to replace Democrat Richard Griffin as National Labor Relations Board General Counsel. Griffin’s term expired on October 31, and Jennifer Abruzzo, who has served as Deputy GC since November 4, 2013, has been serving as Acting GC since. For a review of Griffin’s actions during his four … Continue Reading The post Robb’s Nomination as NLRB GC Approved by Senate appeared first on Labor & Collective Bargaining.
November 10, 2017

Quickie Election Rules, Thumbs Up Or Down?: Board Member Kaplan Again Says No Comment

In what appears to be the second unpublished decision in which he has participated since becoming a Board Member, Member Marvin E. Kaplan once again has “expresse[d] no view with respect to whether he agrees or disagrees with revisions [to the NLRB’s election procedures] made by the [“quickie] Election Rule….” Garda CL Atlantic, Inc., Case … Continue Reading The post Quickie Election Rules, Thumbs Up Or Down?: Board Member Kaplan Again Says No Comment appeared first on Labor & Collective Bargaining.
October 3, 2017

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