A fully constituted NLRB is comprised of five members. Decisions are typically issued by three-member NLRB panels. Three is also the minimum number of members the NLRB must have to
Continue Reading NLRB is likely to operate with just four members for the time being.
Fox Rothschild LLP
GENERAL COUNSEL ANNOUNCES HIS VIEWS ON 10(J) INJUNCTIVE RELIEF
In General Counsel Memorandum 18-05, General Counsel Peter Robb expressed his views on the use of temporary injunctions under Section 10(j) of the Act. Section 10(j) gives the NLRB…
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NLRB Might Revisit Blocking Charge Policy
As is often the case with the NLRB, footnotes include critical information and signal where the NLRB is heading. And, that is certainly the case with the NLRB’s blocking charge…
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Despite Hy-Brand, Browning Ferris May Still Be Overruled Soon
As my colleague Andrew MacDonald blogged on February 27 (here), the Board overturned its test for joint employer liability for the second time in approximately two months when it…
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Trump NLRB Gives Employers a Little More Leeway in Maintaining Work Rules
The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision…
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Quickie Election Rules Have Not Dramatically Helped Unions Organize
Quickie Election Rules Have Not Dramatically Helped Unions Organize
The NLRB recently released its report on representation elections for fiscal year 2017. The results are consistent with fiscal years 2015…
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Predicting the Supreme Court’s Decision on Class Waivers in Employment Arbitration Agreements Is Somewhat More Accurate than Reading Tea Leaves
Earlier this month, the U.S. Supreme Court heard oral arguments on whether employment agreements that require an employee to resolve a dispute with her employer through individual arbitration and waive…
Continue Reading Predicting the Supreme Court’s Decision on Class Waivers in Employment Arbitration Agreements Is Somewhat More Accurate than Reading Tea Leaves
Workplace Civility Rules Aren’t Dead — Just on a Lifeline
The National Labor Relations Board (“NLRB” or “Board”) has taken a jaundiced view of employer policies that require respect and civility in the workplace over the past several years. The…
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NLRB Unlikely To Overrule Any Controversial Obama-Era Decisions Until 2018
I hate to sound unduly pessimistic, but any hopes you had of relief from unduly labor-friendly National Labor Relations Board (“the Board”) precedent this year will likely not happen because…
Continue Reading NLRB Unlikely To Overrule Any Controversial Obama-Era Decisions Until 2018