On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) back to the Board for reconsideration of several employee handbook violations found unlawful under the now-replaced Lutheran Heritage standard in light of the Board’s new standard recognized in Boeing Co.

On January 12, 2018, President Trump nominated Morgan Lewis & Bockius partner John Ring to fill the last vacancy on the five-member Board and, if confirmed by the Senate, this will once again give Republicans a 3-2 majority on the panel after the departure of former Board Chairman Philip A. Miscimarra in December 2017. Mr.

Hy-Brand Industrial Contractors – the recent Board case overturning Browning Ferris Industries and restoring the previous joint employer standard – was perhaps the most important decision among the many decided prior to former Board Chairman Miscimarra stepping down in late 2017; but the decision may not be as significant for all.

As explained in an

What goes around, comes around, they say, right? Not so fast said one NLRB Administrative Law Judge on November 22, 2017, when she held that the Communication Workers of America, Local 1101, violated Sections 8(b)(1)(A) and 8(b)(2) by attempting to cause Verizon Communications, Inc. to discriminate against former union member Sidra Epps for crossing the

The Obama Board did not pull any punches when it came to analyzing the lawfulness of workplace rules. Still, as previously blogged about here, a more balanced approach to workplace rules may – hopefully – be on the horizon. On October 19, 2017, the ALJ in Green Apple Supermarket of Jamaica, Inc., issued

The Ninth Circuit, a historically employee-friendly court, recently issued a decision that backs the NLRB’s revised post-arbitral deferral standard laid out in its December 15, 2014 Babcock & Wilcox decision. This Board decision was previously blogged about here. On Tuesday, October 17, 2017, the Court affirmed the Board’s decision to apply its new

On Monday, September 25, 2017, the Senate confirmed, in a 49-47 vote, the appointment of longtime management-side attorney William J. Emanuel to the National Labor Relations Board. This confirmation fully staffs the five-member Board and gives Republicans a majority on the panel for the first time since the George W. Bush administration. Mr. Emanuel has

Racist comments, similar to other forms of employee misconduct (e.g., workplace violence or theft), usually result in termination. Anyone with an ounce of common sense knows this. The National Labor Relations Board, however, upheld an Administrative Law Judge’s prior decision declining to follow an arbitrator’s ruling and ordered Cooper Tire & Rubber Co.

You know the old saying, ‘if it ain’t broke, don’t fix it,’ right? Well, the National Labor Relations Board (NLRB) has never really liked this idea, especially during the Obama administration. On June 9, 2017, the D.C. Circuit upheld the NLRB’s August 24, 2016 decision in King Soopers, Inc., where it revised its