A divided three-judge panel of the D.C. Circuit Court of Appeals partially affirmed a federal district court’s decision to vacate part of a rule issued by the National Labor Relations Board (the “Board”) in 2019 that eliminated several “quickie” representation election procedures established by a 2014 rule (the “2014 rule”). In 2019, the Board issued … Continue Reading
On April 6, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release recognizing the shockingly large surge in new union organizing. Specifically, during the first half of Fiscal Year 2022 (October 1, 2021 to March 31, 2022), the NLRB reported that union representation petitions increased by 57%. Representation petitions are … Continue Reading
The NLRB currently is churning out cases and Advice Memoranda at a fairly regular pace. We recently discussed NLRB decisions addressing information requests, handbook statements, and confidential informants. An interesting area of NLRB case law concerns campaign statements,–statements made by employer representatives during an organizing campaign. When there is an allegation of wrongdoing, the Board evaluates such employer … Continue Reading
The shutdown of the federal government has reached many facets of society, including the NLRB. The agency for all intents and purposes closed within a day of the lapse in funding, with Board agents throughout the country sending e-mails and letters to parties informing them case handling had been suspended and directing everyone to the NLRB’s … Continue Reading
The slow pace at the NLRB continues this Spring, as only one or two decisions are issued each week. Recent decisions, one from the NLRB and one from the District of Columbia Court of Appeals, are worth noting because they illustrate recurring themes under the NLRA. Protecting The Identity Of Employee Informants In Alcan … Continue Reading
It’s been a quiet few weeks for the NLRB. Since January 1, the NLRB has issued only a small number of decisions, none of which appear to be noteworthy. There are, of course, many developments that are in process. For example, we still do not know the full effect of the NLRB’s decision in Specialty … Continue Reading
This week federal labor agencies have launched two proposed rulemakings of significance. Both may have a substantial impact on the substance and process of employer communications with employees on the issue of union representation. First, the U.S. Department of Labor, Office of Labor-Management Services, announced a notice of proposed rule making revising the so-called “persuader” regulations. … Continue Reading
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