Recently, we explored how the NLRB’s rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from whether a decertification petition will be processed in the face of unfair labor practice charges filed by the incumbent union. This implicates the Board’s “blocking policy,”
Representation Elections
Employer’s Representation Petition Not Barred By Existence of Signed Contract, Divided NLRB Rules
By Mark Theodore on
As we have noted at times, the human element in labor relations makes for interesting situations. One of the more interesting issues is the timeliness of representation petitions, which, despite the existence of clear rules, can still be disrupted by human action.
A union, an employee or an employer can…
“Micro-Units” Eliminated: NLRB Overturns Specialty Healthcare
By Michael Lebowich & Lee Douthitt on
Adding to the list of falling precedents in the waning days of Chairman Miscimarra’s term, on Friday, the NLRB reversed another of the seminal decisions of the Obama-Board when it overruled the highly controversial Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934 (2011) decision. The 3-2…
NLRB Hints That “Ambush” Election Regulations May Be Rescinded
By Mark Theodore on
Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent from the last eight years that may be overturned.
This week the NLRB posted…
NLRB’s Micro-Union Standard May Be Set For Reversal
By Mark Theodore on
Change is coming. We noted recently that the administration is thinking about changing the newly adopted persuader regulations. We also know that a majority of make-up of the NLRB is likely to shift very soon, and with it some of the precedents of the last few years will be…
17 Year Old Ruling In Representation Case Can Preclude New Claim For Employees, Divided NLRB Rules
By Mark Theodore on
Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units. For example, the NLRB’s decision in Specialty Healthcare drastically altered the manner in which bargaining units were determined by the Regional Directors and the…
Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision
By Edward Brill & Andrew Rice on
The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty members are managerial employees and thus not protected by the National Labor Relations Act; and…
NLRB Issues Final Election Rules Revision
By Ronald Meisburg on
As anticipated, the National Labor Relations Board today made public its final revised election rules. The new rules will become effective 120 days following their publication in the Federal Register. The publication date is scheduled to be Monday, December 15, 2014, one day before the expiration of the term of…