During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be employees entitled to organize, and found that two employers may have to bargain together. The Board also changed the longstanding rule … Continue Reading
The change in a presidential administration always brings changes to government agencies, including the NLRB, as new appointments are made reflecting the policy preferences of the administration. The NLRB is not immune to this change and it has been historical practice for the president to appoint three members from the party of the administration and … Continue Reading
The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue an onslaught of law-changing decisions as we head into the holiday season. This onslaught of change … Continue Reading
A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.” We noted, for instance, that the Board recently held that an employee’s use of derogatory gender-based comments may not not render a protected outburst “unprotected,” even if the EEOC and the myriad State … Continue Reading
The NLRB announced today that it was going to hold a vote on its proposed regulations to upend the well established and longstanding representation case procedures. According to the NLRB’s announcement today, the vote is over “whether to adopt a small number of amendments” proposed earlier this year. This may well be the understatement of … Continue Reading
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