The National Labor Relations Board’s General Counsel recently stated her intention to target employers’ use of electronic monitoring technology and other surveillance equipment as a violation of the National Labor
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NLRB’s Top Lawyer Says College Athletes Are Employees
By Andrew M. MacDonald on
In a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor…
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Parts of the PRO Act May Become Law under the Reconciliation Bill
By Andrew M. MacDonald on
According to news reports, the upcoming budget reconciliation bill will likely contain some portions of the PRO Act, which is a piece of proposed pro-union legislation. As detailed in…
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Acting NLRB GC Withdraws Neutrality Agreement Complaint
By Andrew M. MacDonald on
In his first few days on the job, Acting General Counsel of the NLRB Peter Sung Ohr has withdrawn a complaint that had challenged the use of a neutrality agreement…
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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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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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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 Follows Precedent Allowing Union Insignia At Work, But Did It Signal A Change?
By Andrew M. MacDonald on
Though it may come as a surprise to some employers, the NLRB generally recognizes the right of employees to wear union insignia (pins with union logos, etc.) while at work. …
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Union Without An Election Victory? Yes, Sometimes
By Andrew M. MacDonald on
Normally, a union must obtain a majority of votes cast by employees in an election to be certified as the employees’ bargaining representative. However, if the employer has engaged in…
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Return to the Pre-BFI Joint Employer Standard and Moving Forward
By Fox Rothschild LLP on
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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