Following up on the NLRB’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) detailing how NLRB Regional Offices receiving claims of improper employment policies are to interpret employer workplace
General Counsel
NLRB Gains a New General Counsel With Senate Confirmation of Peter B. Robb
By Mark Theodore on
By a vote of 49 to 46, the U.S. Senate confirmed Peter B. Robb as the General Counsel of the NLRB. Mr. Robb, who replaces former General Counsel Richard Griffin, is the 33rd person to hold the position since the NLRA was passed in 1935. We have previously discussed…
Senate Confirms Appointment of William J. Emanuel to NLRB; Board Has Full Complement,- For Now
By Mark Theodore on
In a 49-47 vote today, the Senate confirmed William J. Emanuel’s appointment to the NLRB. Once Mr. Emanuel is sworn in, it will be first time since 2015 that the NLRB has had a full five members. Before 2015, years of gridlock often saw the Board at less than full…
HR Generalist’s Threat To Bring In Union Not Protected, NLRB Rules
By Mark Theodore on
One of the most interesting things about labor relations is the unusual situations human resources professionals have to deal with on a day to day basis. If you are at a cocktail party with a human resources professional, ask them what the most unusual thing they’ve ever encountered on the…
Supreme Court Holds that Lafe Solomon Improperly Served as NLRB General Counsel
By Mark Theodore & Joshua Fox on
The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March 21, 2017), the Court held that the NLRB’s prior Acting General Counsel, Lafe…
DC Circuit: NLRB Acting General Counsel Solomon’s Tenure Violated Vacancy Statute, Unfair Labor Practice Complaint Unauthorized
By Mark Theodore on
The political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New Process Steel) and several courts of appeals decisions regarding the Board’s ability to act without regular appointments, and resulted in scores of decisions having to…
Furloughed NLRB Employees Return to Work — Will GC Nominee Griffin be Next?
By Ronald Meisburg on
On the same day that furloughed federal government employees are returning to work, it is being reported that a roll call vote will be scheduled in the Senate to invoke cloture (i.e., end debate) on the nomination of Richard Griffin to be General Counsel of the NLRB. The vote is…
I Just Want to Testify
By Ronald Meisburg on
I had the opportunity last week to testify before the U.S. House of Representatives Committee on Education and the Workforce, Subcomittee on Health, Education, Labor and Pensions. The subject of my testimony was “What to Look for from the New NLRB.” A copy of my written testimony is here,…