The National Labor Relations Board (NLRB) has postponed until July 31, 2020, the effective date of its final rule modifying three aspects of its election procedures: its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry. According to the NLRB,... Continue Reading
The National Labor Relations Board (NLRB) has issued a Final Rule modifying three aspects of its election procedures: its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry. The NLRB issued a Notice of Proposed Rulemaking on August 12, 2019,... Continue Reading
The National Labor Relations Board (NLRB) has announced that it will resume conducting representation elections on April 6, 2020. On March 19, 2020, because of the coronavirus (COVID-19) pandemic, the NLRB had ordered the temporary suspension of Board-conducted elections through April 3, 2020. In the announcement, NLRB Chairman John F. Ring remarked that the NLRB’s... Continue Reading
Peter B. Robb, the General Counsel (GC) of the National Labor Relations Board (NLRB) has issued a Memorandum setting forth summaries of NLRB decisions about unionized employers’ duty to bargain in emergency situations. Memorandum GC 20-04 “Case Summaries Pertaining to the Duty to Bargain in Emergency Situations” (March 27, 2020). The Memorandum was issued in... Continue Reading
Considering the COVID-19 pandemic, the National Labor Relations Board (NLRB) has announced the suspension of all representation elections, including mail ballot elections, through April 3, 2020. The NLRB could extend the suspension if necessary. The NLRB indicated the health and safety of its employees, as well as members of the public involved in the election... Continue Reading
Pursuant to a controversial new rule passed by the U.S. Department of Labor (DOL), “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested,” unions must disclose how certain union-controlled trusts spend and invest their funds. The rule requires unions with revenue in excess of $250,000 to file annual reports (Form... Continue Reading
An Oregon law that arguably prohibits employers from requiring employees to attend mandatory meetings to hear the employer’s views regarding unions and the National Labor Relations Board (NLRB) process is unlawful, the NLRB has asserted in a complaint filed with the U.S. District Court – Eugene Division. The complaint says the Oregon law violates an... Continue Reading
As expected, the nation’s largest labor organization, the AFL-CIO, has filed suit in the Washington, D.C., federal court to stay implementation of, and ultimately invalidate, the National Labor Relations Board’s (NLRB) expansive election rule amendments. The rule changes, scheduled for April 16, have been widely panned by labor advocates. The suit primarily argues the... Continue Reading
Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer unlawfully maintained overbroad Confidential Information, Electronic Communications, and Cell Phone Policies, and unlawfully terminated its employee for violation of the... Continue Reading
White-collar, high-tech workers at Kickstarter in Brooklyn have voted 47-36 for union representation by the Office and Professional Employees International Union (OPEIU) in an election conducted by the National Labor Relations Board. (Five eligible voters did not vote.) The trailblazing win could inspire similar employees in the tech industry to channel their social activism and... Continue Reading
