In a move that gave hope to many business groups, a federal judge in Texas temporarily blocked a controversial new National Labor Relations Board “joint employer” rule on February 22. The new rule, which had been set to take effect on February 26, is designed to make it easier for the NLRB to label businesses
NLRB
Employers Beware: Verbal Demands To Supervisors Can Result In Recognition Of A Union
We previously reported in August on the National Labor Relations Board’s decision in Cemex Construction Materials Pacific, NLRB Case No. 28-CA-230115, 327 NLRB No. 130 (August 25, 2023), wherein the Board overruled long-standing precedent and adopted a new scheme to provide labor unions with an easier path to unionizing a company.
On Tuesday, November…
NLRB Gives Organized Labor An Easier Path To Unionization
In a huge victory for organized labor earlier today, the National Labor Relations Board paved the way for unions to represent workers even without holding a formal representation vote. The NLRB did this through a decision by its Democratic majority in a case involving Cemex Construction Materials Pacific LLC.
The NLRB’s Cemex Construction decision…
NLRB Finds Common Severance Agreement Terms Illegal
The NLRB this week once again ruled that a relatively common employment practice violated federal labor law, continuing what some are seeing as a trend under the current administration. This time, the NLRB ruled that it was illegal for an employer to offer employees a severance agreement that prohibited them from making disparaging statements about…
NLRB Proposes to Roll Back Its 2020 Rule Regarding Removal of a Union
In March of 2020, the National Labor Relations Board (“NLRB” or “the Board”) finalized a rule that substantially overhauled certain parts of NLRB election procedures thereby providing additional protections to the rights of workers with respect to their ability to choose whether or not they wanted to be represented by a union.
More specifically, in…
On Again, Off Again: NLRB Holds that Employers May Not Discontinue Dues Deductions Upon Expiration of a Collective Bargaining Agreement
On October 3, 2022, the National Labor Relations Board (NLRB) ruled that employers must continue deducting union dues from employees’ paychecks, pursuant to their labor contracts, even after the contracts expire. The case is Valley Hospital Medical Center, Inc., N.L.R.B. Case 28-CA-213783 (Valley Hospital II).
Dues checkoff previously served as an exception to…
NLRB General Counsel Sets the Stage for Major Change to Handbook Rules
On March 7, 2022 NLRB General Counsel Jennifer Abruzzo asked the NLRB to overturn Board precedent related to employee handbook rules.
The case at issue is Stericycle, Inc., which examines whether certain workplace rules infringe upon or restrict employees’ rights under the NLRA. As part of the Board’s proceedings, the parties (and interested third…
The NLRB Takes Another Look At The Trump Administration Independent Contractor Standard
On December 27, 2021, the National Labor Relations Board (“NLRB”) invited public briefing on a critical issue affecting employers (and especially gig economy companies and workers) regarding independent contractor status. In 2019, the republican-controlled NLRB in SuperShuttle DFW, Inc., 367 NLRB 75 (2019), made it easier for employers to prove independent contractor status by reaffirming…
NLRB General Counsel Issues 10(j) Warning Notice
Sparing no time since she issued her Advice Memorandum last week, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 21-05, outlining her position on the importance of 10(j) injunction proceedings.
Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek temporary injunctions in federal district courts to…
NLRB General Counsel releases Issue Priorities Memorandum
On August 12, 2021 NLRB General Counsel Jennifer A. Abruzzo issued her “Mandatory Submissions to Advice” memorandum (Memorandum GC 21-04), outlining her agenda items and priority issues for NLRB Regional Directors, Officers-in-Charge, and Resident Officers. The memorandum offers a glimpse into a number of issues the new General Counsel believes need to be re-evaluated, largely…