On June 17, 2024, the National Labor Relations Board (“NLRB” or “Board”) issued its first mandatory bargaining order to an employer after its momentous decision in Cemex Construction Materials Pacific, LLC last year. The NLRB ordered Red Rock Casino Resort Spa to bargain with Unite Here, the union which began
Alexander J. Blutman
(De)Cease(d)-and-Desist: Supreme Court Deals Blow to NLRB Injunctive Power
On June 13, 2024, the U.S. Supreme Court dealt a blow to the National Labor Relations Board’s (“NLRB” or the “Board”) ability to seek injunctive relief during the pendency of an unfair labor practice proceeding. In a near unanimous decision (Justice Jackson dissented in part but concurred in the judgment)…
NLRB GC Issues Guidance Memorandum on “Quickie” Election Rules That Go Into Effect On December 26, 2023
By Joshua Fox & Alexander J. Blutman on
As recently discussed, on December 26, 2023, representation case procedures will change under a rule published by the National Labor Relations Board (“NLRB” or “Board”) in August earlier this year.
Background: When a union files a petition to represent a group of employees, the Board requires specific action from…
NLRB Issues New Rule Relaxing Joint Employer Standard
By Steven Porzio & Alexander J. Blutman on
In a much-anticipated rulemaking, the National Labor Relations Board (“NLRB” or “Board”) has established a new standard for determining whether two employers are joint employers of particular employees within the meaning of the National Labor Relations Act (“Act”). Under the final rule, published today, an entity may be considered…
What A Week…NLRB Unleashes Slew Of Preceding-Shifting Decisions And Paves The Way For Increased Unionization
The National Labor Relations Board (“NLRB” or “Board”) engaged in a pre-Labor Day frenzy that coincided with the conclusion of Member Gywnne Wilcox’s 3-year term. Labor Relations Update has been at the forefront of keeping pace with this abrupt series of precedent reversals, providing summaries and analyses of these impactful…
NLRB Precedent Again Proves Malleable As Board Remolds Standard On Protected Concerted Activity in Miller Plastic Products
By Michael Lebowich & Alexander J. Blutman on
Continuing the rapid flow of overturned precedents, in a 3-1 decision released on August 31, the National Labor Relations Board (“NLRB” or “Board”) redrew the line on when a single person’s individual action could be considered “concerted,” and thus, protected, under the National Labor Relations Act (“NLRA”). In Miller Plastic…
Third Act: NLRB Reinstates Employee-Friendly Independent Contractor Analysis under the NLRA
By Steven Porzio, Joshua Fox & Alexander J. Blutman on
In a hotly-anticipated decision, The Atlanta Opera, Inc., 372 NLRB No. 95 (2023), the National Labor Relations Board (“NLRB” or “Board”) overturned the existing legal standard for determining whether a worker is an employee or an independent contractor for purposes of the National Labor Relations Act (“NLRA”). Employees have…
Supreme Court Decision Cements Employers’ Ability to Sue for Strike Destruction
By Steven Porzio & Alexander J. Blutman on
In an 8-1 decision announced Thursday in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, U.S., No. 21-1449, 6/1/23, the Supreme Court ruled that an employer’s tort claims alleging that a union intentionally destroyed a company’s property during a labor dispute were not preempted by…