Labor Relations Update

Tag Archives: Representation Elections

“Micro-Units” Eliminated: NLRB Overturns Specialty Healthcare

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 decision in PCC Structurals, Inc., 365 NLRB … Continue Reading

NLRB Hints That “Ambush” Election Regulations May Be Rescinded

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  Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent from the last eight years that may be overturned.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 a Request For Information on its … Continue Reading

NLRB Upholds One Election, Overturns Another In Pair Of Decisions

The very real questions about the NLRB’s decision-making authority may have finally slowed the agency down.  We have come to expect over the last few years, a relentless expansion of NLRB authority and reach, especially given the December timeframe when all sorts of surprises seem to come out of the agency.  So, it is somewhat noteworthy … Continue Reading

Federal Court Invalidates Ambush Election Rules, Dealing NLRB Yet Another Setback

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

NLRB To “Vote” On Quickie Election Rules November 30

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

Blizzard begins: NLRB Adopts Micro Union Standard

As previously discussed, the impending departure of Chairman Liebman, as well as the coming of the end of the NLRB’s fiscal year, made it highly likely we would see some significant decisions issued by the agency.  Chairman Liebman departed after fourteen years on Saturday, but not before having one last word about her critics.  The New York Times’ Steven Greenhouse captured perfectly a … Continue Reading

NLRB Quickie Election Rules Closer To Reality As Comments Are Filed

The NLRB’s initiative to upend the well-established, and by its own declarations “outstanding”, representation election procedures took one step closer to reality yesterday when the initial period for filing comments on the proposed rules closed.  As I noted previously in this blog, the “quickie” or “ambush” elections contemplated by the NLRB’s proposed rules represent an attempt to introduce sweeping change when … Continue Reading

NLRB Member Hayes Dissents in Representation Case Involving Threats of Violence by Pro-Union Employees

National Labor Relations Board Member Brian Hayes submitted a vigorous dissent in a recently decided case about whether the results of a union certification election should be set aside because of third party threats made to employees during the pre-election period. In Mastec Direct TV, 356 NLRB No. 110, the Board voted 2 to 1 … Continue Reading

Is the NLRB on the Verge of Electronic Voting?

Last week the National Football League filed of an unfair labor practice charge with the National Labor Relations Board alleging that the National Football League Players Association had failed to bargain in good faith for a new collective bargaining agreement.  One issue involved in the charge is the NFLPA’s threat to decertify following the expiration … Continue Reading
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