In PCC Structurals, Inc., the NLRB overruled its 2011 Specialty Healthcare decision, which allowed for unions to organize employees in so-called “micro-units.” Now, the Board has returned to its
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Employers Rejoice: The Board Will Soon Have a Republican Majority Again
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…
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Return to the Pre-BFI Joint Employer Standard and Moving Forward
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…
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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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New NRLB General Counsel to Regional Offices: Call Me
A recent Memorandum from Peter B. Robb, the NLRB’s newly installed General Counsel, reminded me of a stanza from Lewis Carroll’s The Walrus and The Carpenter. To paraphrase: “The…
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One Response to Union Organizing – Shut Down Completely
Recently, a majority of employees at the news websites DNAinfo and Gothamist decided to join the Writer’s Guild union to bargain collectively over their terms of employment. In response, the…
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Union Violates the Act by Attempting to Get Employer to Exact Revenge on Their Behalf
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,…
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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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The Potential Preemption Problem With Ride-Sharing Driver Unionization
With campaigns ongoing across the country aimed at raising the minimum wage at a state and local level, one might wonder, why not apply the same pressure on local governments…
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Management Bar: an NLRB Administrative Law Judge Has Recently Found Certain Workplace Rules Lawful…Surprised?
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…
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