In his first few days on the job, Acting General Counsel of the NLRB Peter Sung Ohr has withdrawn a complaint that had challenged the use of a neutrality agreement
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National Labor Relations Board (NLRB) Developments
Are Union Neutrality Agreements Unlawful?
By Andrew M. MacDonald on
The NLRB’s General Counsel recently issued a memo that demonstrates his hostility toward neutrality agreements. Generally, neutrality agreements contain a promise from an employer that it will remain neutral in…
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Notice Posting Requirements Are – and Remain – Postponed Due to the Coronavirus Pandemic
By Fox Rothschild LLP on
In an early May 2020 decision, the Board declared a temporary pause in charged parties (usually an employer) complying with the NLRB’s standard notice posting remedy in response to…
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New NLRB Case Investigation Guidelines Change How Regions Will Handle Particular Evidence and Witness Testimony
By Fox Rothschild LLP on
On June 17, 2020, National Labor Relations Board General Counsel Peter Robb issued GC Memo 20-08 (“Memo”), providing Regional offices new directives for taking certain witness testimony and accepting audio/video…
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Federal Court Affirms NLRB Ruling Limiting a Union’s Right to Employer’s Financial Information
By Fox Rothschild LLP on
On April 29, 2020, the Ninth Circuit Court of Appeals affirmed a National Labor Relations Board decision where an employer was lawfully permitted to refuse a union’s request for financial…
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NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
By Andrew M. MacDonald on
Employers have been privileged to withdraw recognition of a union when presented with objective evidence that the union has lost majority support of employees, but have faced significant legal risks…
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NLRB Delays Implementation of Election Rule Changes
By Andrew M. MacDonald on
Due to the coronavirus outbreak, the NLRB has delayed its roll out of amendments to the “quickie” election rules, which we discussed in a previous post. Instead of becoming…
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NLRB modifies rule concerning workplace changes
By Andrew M. MacDonald on
For many years, the NLRB has required evidence of a “clear and unmistakable” waiver by unions of the duty to bargain with management over workplace changes. Now, after prodding from…
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NLRB Makes Significant Changes to “Quickie” Election Rule
By Andrew M. MacDonald on
The National Labor Relations Board recently scaled back the 2015 “quickie” election rule, which had sped up the timelines for conducting union elections. Speeding up the process provided an advantage…
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NLRB may revisit the limits of profane employee speech protected by federal labor law
By Andrew M. MacDonald on
While it may come as a surprise, the NLRB has long held that employees are sometimes entitled to use profane language while engaging in labor activities. In recent years, the…
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