As we previously reported here, here and here, the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in Browning-Ferris, 362 NLRB No. 186 (2015), and then reverted to a more rigorous showing that had been … Continue Reading
The NLRB is down to three members, the bare minimum required to conduct business, and so cases are being issued somewhat sporadically. The so-called ambush election rules have received a lot attention over the last few years. We recently discussed here a case where the NLRB found that a union had not timely filed a … Continue Reading
If only everyone had just showed up and voted we wouldn’t be in this mess. As previously reported, the NLRB’s attempt to promulgate the so-called ambush election rules was dealt a setback when a federal district court ruled in May that the Board did not have a quorum at the time the vote was held. Undaunted, … Continue Reading
The NLRB’s agenda for bringing about massive change despite severe opposition continues to be stalled by legal challenges. Last month, the Board’s employee rights poster notice rule was invalidated. Now, a month later, a federal judge in the District of Columbia has ruled that the ambush election rules, which were adopted in December, and went … Continue Reading
As anticipated, the new election regulations adopted by the Board shortly before the holidays are set to go into effect as planned on April 30, 2012. In anticipation of this event, Acting General Counsel Lafe Solomon issued GC 12_04 Guidance Memorandum on Representation Case Procedure Changes.pdf, a 24 page guidance to the Regional Offices on … Continue Reading
A federal appeals court has barred the NLRB’s ability to require employers to post the employee rights poster while litigation over the legality of the rule continues. As we previously discussed, a Federal District Court in South Carolina ruled that the NLRB lacked authority to issue the rule. This occurred after another Federal Court … Continue Reading
Mid-April is normally a gloomy time as people prepare to file tax returns. There is some cause for celebration, though, as a federal district judge in South Carolina today (Friday the 13th of all days), issued a ruling striking down in its entirety as unlawful the NLRB’s requirement that employers post the so-called employee rights notice … Continue Reading
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