In a development of importance to both union and non-union employers, the NLRB General Counsel has asked the NLRB to overrule its 2007 decision in Register Guard, 351 NLRB 1110 (2007). In Register Guard, the Board had held that employers could bar employee use of the employer’s
Ronald Meisburg
Advice, Anyone?
By Ronald Meisburg on
The NLRB General Counsel has issued a memorandum setting out those cases and issues he wants sent from the regional offices to the Division of Advice in Washington, DC. The Division of Advice, as the name suggests, is the arm of the General Counsel’s office which provides legal advice to…
Is Deferral to Labor Arbitration Awards in Jeopardy?
By Ronald Meisburg on
The National Labor Relations Board has issued a press release announcing its intention to revisit precedent created under a pair of Board decisions nearly 59 and 30 years old, respectively. The precedent involves under what circumstances the NLRB will defer to decisions of labor arbitrators in cases where there are…
They’re Ba-ack: NLRB to Re-Propose Election Regulations
By Ronald Meisburg on
As expected, the NLRB has announced that it is again proposing regulations to amend its representation case election procedures. A copy of the Notice of Proposed Rulemaking submitted to the Federal Register for publication can be viewed here. The proposed regulations appear identical to those the Board attempted to…
NLRB ALJ Says That Under D.R. Horton, Actions Speak As Loudly as Words
By Ronald Meisburg on
A few weeks ago, we posted about the Fifth Circuit’s decision in the D.R. Horton case and the NLRB’s doctrine of non-acquiescence. As you will recall, in D.R. Horton, the NLRB held that an employer violates the right of employees to engage in concerted activity by maintaining an…
Video Interview: Discussing the Noel Canning Oral Arguments with LXBN TV
By Ronald Meisburg on
Following up on our ongoing coverage of the NLRB recess appointments, and my recent post on the Supreme Court oral arguments in NLRB v. Noel Canning, I had the opportunity to again speak with Colin O’Keefe of LXBN on the matter. In this most recent interview, I share my…
Noel Canning Oral Argument: Justices Express Skepticism
By Ronald Meisburg on
My experience is that oral arguments, while often interesting, rarely open much of a window into exactly how a court will actually decide the case. Today’s Supreme Court argument in NLRB v. Noel Canning may be an exception. Nearly all of the Justices had questions which suggested skepticism over the…
The NLRA Rights Poster Lives on Through Other Means
By Ronald Meisburg on
The NLRB’s decision not to pursue Supreme Court review in the NLRA rights poster cases (which, depending on what happened behind the scenes, may have in reality been a decision by the Solicitor General of the United States) should not have come as a complete surprise. The likelihood of review…