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Jonathan J. SpitzBlog Posts

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Labor Board Withdraws Proposed Rule Excluding Student Workers from NLRA Coverage

In an interesting turn foreshadowing a coming change in its leadership, the National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act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 Reading
March 15, 2021

Acting NLRB General Counsel Rescinds Policy Guidance, Signals More Changes to Come

New 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 Reading
February 3, 2021

Labor Board Provides Guidance on Propriety of Mail or Manual Ballot Elections

The National Labor Relations Board (NLRB) has established standards for its regional directors to weigh in on whether a representation election in which COVID-19 is a concern should be conducted by mail ballot or in-person (manual) ballot. Aspirus Keweenaw, 370 NLRB No. 45 (2020). Chairman John F. Ring and Members Marvin E. Kaplan and William... Continue Reading
November 10, 2020

Labor Board Asks for Briefing on ‘Scabby the Rat’

The National Labor Relations Board (NLRB) has asked for the parties and amici to submit briefs answering four questions in a case involving a union’s display of a large inflatable rat, commonly called “Scabby the Rat,” and two large banners on public property near the entrance of a neutral employer’s site. International Union of Operating... Continue Reading
November 6, 2020

Labor Board Decision Broadly Approves Holding ULP Trials by Video

The 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 Reading
August 17, 2020

NLRB: Browning-Ferris Unjustly Found a Joint Employer

The 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 Reading
August 2, 2020

Despite New GC Guidelines, Mail Ballot Elections the Norm

The 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 Reading
July 29, 2020

At It Again: NLRB Proposes More Changes to Its Election Rules, Policies

Continuing 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 Reading
July 28, 2020

U.S. Senate to Vote on New NLRB Member

The 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 Reading
July 24, 2020

NLRB Employees Union to NLRB: Rescind Manual Election Guidelines

The 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