Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions to provide information to a union concerning student workers where the requested information may implicate the Family Educational
No Limits (Revisited): D.C. Circuit Holds That Hotel Improperly Limited Bargaining Subjects
The D.C. Circuit just issued a cautionary decision to employers trying to set “ground rules” in negotiations that limit the topics of bargaining. As we previously covered, in December 2022, the National Labor Relations Board (“NLRB” or “Board”) found that Troutbeck Company, a company that owns a hotel in
The Honeymoon is Over: Strikes on the Rise…Even Before A First Contract
While extensive high-profile strike activity was heavily reported throughout 2023, it was – striking– to analyze the hard data regarding 2023 strike activity in Bloomberg’s annual report that was just released. The report details recent work stoppages, explores how 2023 strike activity statistics fit into historical patterns and trends
Total Security Recall: Recent Decision May Lead to Reinstatement of Bargaining Requirement for Discipline Pre-CBA
A recent Administrative Law Judge ruling in Starbucks Corp.sets up a possibility for the National Labor Relations Board to reinstate an employer’s obligation to bargain with a union before imposing serious discretionary discipline in a newly-organized workplace before a first contract is agreed to—even when the discipline is
Board Rescinds Four Provisions to 2019 Election Rule Following Federal Appeals Court Vacating the Provisions
Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions, which were struck down by the Court of Appeals for the D.C. Circuit in January
The NLRB’S Recently Seated General Counsel Plots Entirely New Direction for the Board
Less than a month after being sworn in as the new General Counsel of the NLRB, Jennifer Abruzzo defined a bold new direction for the Board’s enforcement priorities in a memo issued on August 12, 2021. The memo, Mandatory Submissions to Advice GC Memorandum 21-04 (August 12, 2021), lays
NLRB Establishes Pathway to Holding More In-Person Manual-Ballot Elections during the COVID-19 Pandemic
As employers faced with a representation petition filed during the COVID-19 pandemic can attest, Regional Directors of the National Labor Relations Board have been incredibly reticent to hold in-person elections. Indeed, since April 1st, when the Board resumed processing representation petitions, approximately ninety percent (90%) of elections have