Steven Porzio
Senior Counsel
Steven Porzio is a senior counsel in the Labor & Employment Law Department and a member of the Labor-Management Relations Group. Steve assists both unionized and union-free clients with a full-range of labor and employee relations matters. He represents employers in contract negotiations, arbitrations, and representation and unfair labor practice cases before the National Labor Relations Board.
Steve has experience conducting vulnerability assessments and providing management training in union and litigation avoidance, leave management, wage and hour, and hiring and firing practices. He provides strategic and legal advice in certification and decertification elections, union organizing drives, corporate campaigns, picketing, and union contract campaigns. Steve has advised employers in a number of different industries in successful efforts against unions in election and corporate campaigns.
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On September 15, 2020, the National Labor Relations Board (the “NLRB” or “Board”) Division of Advice (“Advice”), published four Advice Memoranda addressing an array of issues ranging from COVID-19-related unilateral actions to non-work political advocacy and the legality of confidentiality provisions in separation agreements. The Memoranda were drafted by Advice last month, and join the … Continue Reading
In a package deal, the U.S. Senate confirmed the appointments of two members to the National Labor Relations Board (“Board” or “NLRB”). Lauren McFerran, who previously served as a member of the NLRB for five years until her term expired on December 16, 2019, will rejoin the current Board as its only Democrat. Current Republican … Continue Reading
On Tuesday, July 28, 2020 the National Labor Relations Board (NLRB or “the Board”) published a Notice of Proposed Rulemaking in the National Federal Register. With its latest foray into rulemaking, the Board is looking to make two amendments to the current rules governing representation elections held under the National Labor Relations Act. Both these … Continue Reading
As we previously reported, the NLRB published a Notice of Proposed Rulemaking (NPRM) in September 2019 regarding the employee-status of student workers at private colleges and universities. Under the proposed rule, the NLRB seeks to establish that undergraduate and graduate students performing services for compensation, including teaching and research, in connection with their studies are … Continue Reading
NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors and agents, as well as how to handle audio recordings. The stated goal of the Memo is to “promote transparency and apply fairness” during … Continue Reading
On Sunday, we reported on an eleventh-hour district court order striking down large portions of the NLRB’s new representation election rules that were set to go into effect on May 31, 2020. The district court order held certain portions of the rule were unlawful because they failed to follow proper notice-and-comment rulemaking as required for … Continue Reading
This morning the National Labor Relations Board (the “Board”) unveiled the final rule setting forth the new legal test it will apply in analyzing whether affiliated businesses are “joint employers”. The final rule, which will be effective on April 27, 2020, can be found here. Background On September 13, 2018 the Board published its proposed … Continue Reading
The National Labor Relations Board issued a new rule on Friday that will significantly amend NLRB election rules and procedures. Expected to take effect on April 16, 2020, the new rules, in large part, reverse course from the “quickie” election rules of 2014, and restore reasonableness to election procedures. Key provisions from the Board’s new … Continue Reading
As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any services related to their studies for compensation, including teaching and research, are not “employees” within the meaning of Section 2(3) of the National Labor … Continue Reading
In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals Corp., 368 NLRB No. 74 (2019) was no exception. In Arlington Metals, the Board considered: (1) whether an employer’s statements during bargaining in response to a union’s economic proposals amounted to an asserted “inability … Continue Reading
On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __, 138 S.Ct. 1612 (2018). In Epic Systems (discussed more fully here), the Supreme Court held that agreements between employers and … Continue Reading
In a 2-1 decision issued on August 2, 2019, the National Labor Relations Board (the “Board”) in Electrolux Home Products, Inc., 368 NLRB No. 34 (2019) reversed an Administrative Law Judge’s (“ALJ”) decision, and held that Electrolux’s discharge of a “known” union supporter employee did not violate the National Labor Relations Act (“NLRA” or “Act”), … Continue Reading
In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on employees’ ability to exercise their Section 7 rights and the rule’s connection to employers’ right to maintain discipline … Continue Reading
Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v. National Labor Relations Board, Case No. 17-1149 (D.C. Cir. Mar. 12, 2019) addressing whether non-tenure track faculty at universities are “employees” under the National Labor Relations Act (“NLRA”), giving them the right … Continue Reading
Earlier today, the National Labor Relations Board (“the Board”) issued its long awaited decision in Columbia University. Not surprisingly, the Board, in a 3-1 decision, overturned 12 years of precedent by ruling that “student assistants” (including assistants engaged in research funded by external grants) who have a “common law” employment relationship with their university are … Continue Reading
Last April, the National Labor Relations Board (“Board”) implemented it’s new expedited union representation procedures. On June 10, 2016, in Associated Builders and Contrs. Of Tex v. NLRB, 15-cv-50487 2016 U.S. App. LEXIS 10552 (5th Cir. June 10, 2016) the Fifth Circuit upheld the new procedures, commonly called “quickie” election rules – – rejecting the … Continue Reading
On Friday, February 19, 2016, the National Labor Relations Board invited interested individuals and organizations to file amicus briefs on two important legal issues where the Board is considering overturning existing precedent. In one case, King Soopers, Inc., NLRB, No. 27-CA-129598 (2/19/16), the NLRB’s General Counsel has asked the Board to change its long-standing practice … Continue Reading
With that the NLRB’s quickie election rules going into effect in April 2015, we are just now starting to see the Board decide cases applying the new rules. In Danbury Hospital, Case 01-RC-153086, the Regional Director for Region 1 on October 16, 2015, lent his interpretation to one of the new requirements of the quickie … Continue Reading
While some people may have been on vacation at the end of August, the past few weeks have been extremely busy at the National Labor Relations Board (“NLRB” or “Board”), with a series of decisions that will continue to make it easier for unions to organize non-union employers. Virtual Organizing Has Arrived! The General Counsel … Continue Reading
NLRB Issues Several Advice Memoranda Providing Guidance on COVID-Related and Other Workplace Issues
By Steven Porzio, Joshua Fox, Dominique Kilmartin and Jordan Simon on Posted in Uncategorized
Senate Confirms Pair of Appointees to National Labor Relations Board
By Steven Porzio, Joshua Fox and Samantha Shear on Posted in NLRB, Uncategorized
National Labor Relations Board Announces Another Proposed Rule Regarding Representation Elections
By Steven Porzio, Joshua Fox and Samantha Shear on Posted in NLRB, NLRB Election Rules
Update: NLRB Final Rule Governing Employee-Status of Student Workers May Issue As Soon As September 2020
By Steven Porzio and Elizabeth Dailey on Posted in NLRA, NLRB, Rulemaking, Section 2(3), Section 7
NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations
By Steven Porzio, Joshua Fox and Dominique Kilmartin on Posted in Investigations, Investigations, NLRA, NLRB, Section 7
Update: Despite Order Striking Down Portions of NLRB Rulemaking on Representation Election Procedures, NLRB Implements Rules Unaffected by Order
By Steven Porzio, Joshua Fox, Heylee Bernstein and Austin McLeod on Posted in NLRB Election Rules, Representation Elections
NLRB Issues its Final Rule for its New Joint Employer Standard
By Steven Porzio and Jacob L. Hirsch on Posted in Joint Employer, NLRB
NLRB Eliminates Many “Quickie” Election Rule Components
By Steven Porzio and Dominique Kilmartin on Posted in NLRB
NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”
By Paul Salvatore, Steven Porzio and Laura Franks on Posted in NLRA, NLRB, Rulemaking, Section 2(3), Section 7
NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive Disadvantage,” and “Surface” Versus “Hard” Bargaining
By Steven Porzio and Laura Franks on Posted in Collective Bargaining, NLRB
NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights
By Mark Theodore, Michael Lebowich, Steven Porzio, Joshua Fox and Laura Franks on Posted in Arbitration, NLRA, NLRB, Section 7
NLRB Finds Employer Lawfully Terminated “Known” Union Supporter Despite Finding Its Justification Was Pretextual
By Steven Porzio and Laura Franks on Posted in General Counsel, NLRA, NLRB, Section 8(a)(3), Unfair Labor Practices
Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules
By Steven Porzio on Posted in Employer policies, NLRA, NLRB, Section 7
D.C. Circuit Weighs In On NLRB Test For Adjunct Faculty Unionization
By Paul Salvatore, Steven Porzio, David Bayer and Laura Franks on Posted in NLRA, Section 7
NLRB Rules That Graduate Students Are Employees
By Paul Salvatore, Edward Brill, Bernard M. Plum and Steven Porzio on Posted in NLRB
In for the Long Haul as the Fifth Circuit Upholds NLRB’s “Quickie” Election Rule
By Michael Lebowich and Steven Porzio on Posted in NLRA, NLRB
NLRB Requests Amicus Briefs in Two Significant Cases
By Michael Lebowich and Steven Porzio on Posted in NLRB
NLRB Issues Union Friendly Decision Regarding Applicability of Quickie Rules: When 94% Just Ain’t Enough
By Michael Lebowich and Steven Porzio on Posted in NLRB
The National Labor Relations Board says “Happy Labor Day” with Flurry of Late Summer Pro-Union Moves
By Michael Lebowich, Corinne Osborn, Steven Porzio and David Bayer on Posted in NLRB
