Labor Relations Update

Tag Archives: Rulemaking

NLRB Releases Spring Rulemaking Agenda Forecasting Changes To Joint Employer Standard and Representation Election Procedures

By Steven Porzio, Joshua Fox and Megan Childs on Posted in NLRB
On June 21, 2022, the National Labor Relations Board (“NLRB”) released its rulemaking agenda for Spring 2022, indicating the Board is considering revisions to two significant and tumultuous topics pursuant to the rulemaking process:  (1) the joint-employer standard under the National Labor Relations Act (“NLRA”), and (2) representation procedures, including those relating to blocking charges, … Continue Reading

NLRB Plans to Revise Joint Employer Standard Once Again

By Mark Theodore, Joshua Fox and Timothy Kelly on Posted in Uncategorized
On Friday, December 10, 2021, the Board announced in its regulatory agenda that it plans to engage in rulemaking on the standard for determining whether two employers are “joint employers” under the NLRA.  It remains to be seen exactly what the contours of the new joint-employer rule would be, although it has been widely predicted … Continue Reading

BREAKING: NLRB Withdraws Proposed Rule Concerning Employee-Status of Student Teachers and Research Assistants

By Paul Salvatore, Steven Porzio and Elizabeth Dailey on Posted in NLRB
After publishing the Notice of Proposed Rulemaking over a year ago, followed by tens of thousands of public comments and many months of anticipating the final rule, the NLRB announced today that it will publish a Notice of Withdrawal of the proposed student assistant rule. Under the proposed rule, students at private colleges and universities … Continue Reading

Update: NLRB Final Rule Governing Employee-Status of Student Workers May Issue As Soon As September 2020

By Steven Porzio and Elizabeth Dailey on Posted in NLRA, NLRB, Rulemaking, Section 2(3), Section 7
As we previously reported, the NLRB published a Notice of Proposed Rulemaking (NPRM) in September 2019 regarding the employee-status of student workers at private colleges and universities. Under the proposed rule, the NLRB seeks to establish that undergraduate and graduate students performing services for compensation, including teaching and research, in connection with their studies are … Continue Reading

NLRB Issues its Final Rule for its New Joint Employer Standard

By Steven Porzio and Jacob L. Hirsch on Posted in Joint Employer, NLRB
This morning the National Labor Relations Board (the “Board”) unveiled the final rule setting forth the new legal test it will apply in analyzing whether affiliated businesses are “joint employers”. The final rule, which will be effective on April 27, 2020, can be found here. Background On September 13, 2018 the Board published its proposed … Continue Reading

NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

By Paul Salvatore, Steven Porzio and Laura Franks on Posted in NLRA, NLRB, Rulemaking, Section 2(3), Section 7
As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any services related to their studies for compensation, including teaching and research, are not “employees” within the meaning of Section 2(3) of the National Labor … Continue Reading

NLRB Considers Rulemaking to Address Hotly-Contested Joint-Employer Standard

By Mark Theodore, Joshua Fox and Dana N. Berber on Posted in Joint Employer, NLRA, NLRB, Rulemaking
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

One Step Backward for NLRB Election Rules

By Ronald Meisburg on Posted in NLRB, Representation Elections, Rulemaking
The NLRB has agreed to voluntarily dismiss its D.C. Circuit appeal in the so-called “ambush” election rules case.  The voluntary dismissal of the appeal effectively renders the Board’s previously promulgated election rules a dead letter.  But this may be a case of one step backward, two steps forward, for the Board. The case was on appeal from a federal district court decision holding … Continue Reading

NLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit

By Mark Theodore on Posted in NLRA, NLRB, Non-Union employers, Rights Poster, Rulemaking, Uncategorized
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights to unionize.  The notion of posting such a notice was considered bad enough, but when the NLRB … Continue Reading

Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments

By Mark Theodore on Posted in Duty to furnish information, NLRA, NLRB, Recess appointments, Rulemaking, Witness statements
The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior) were unconstitutional.  The decision of the appeals court has cast a great deal of uncertainty over past and current … Continue Reading

Micro Union Case Hits Federal Court Of Appeals

By Mark Theodore on Posted in Bargaining units, NLRA, NLRB, Non-Union employers, Representation Elections, Rulemaking, Section 9(b), Section 9(c)(5)
One of the NLRB’s most sweeping decisions in decades, Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (August 26, 2011).pdf, has reached a federal appeals court, as the employer seeks to have the decision overturned.  As we have previously discussed, the Board in this case established the micro union standard, where the bargaining unit sought by a … Continue Reading

Court Strikes Down Portions Of NLRB Notice Posting Rules

By Mark Theodore on Posted in Employer policies, NLRA, NLRB, Protected activity, Representation Elections, Rights Poster, Rulemaking, Section 7, Section 8(a)(1), Unfair Labor Practices
A federal judge in the District of Columbia handed employers a significant partial victory in the ongoing skirmish over the NLRB’s attempts to require all employers under its jurisdiction to post a notice of employee rights.  As we have noted previously, the NLRB postponed the original November 14, 2011 compliance date, only to postpone it … Continue Reading

NLRB Reveals More Details To Proposed Election Rule Changes

By Mark Theodore on Posted in Bargaining units, General Counsel, NLRA, NLRB, Non-Union employers
As we reported earlier, the NLRB announced it was ready to vote on some proposed amendments to the rules concerning representation elections. There was no indication in the original announcement of about the substance of the changes. On November 29, 2011, NLRB Chairman Mark Pierce disclosed more information in the form of a Board Resolution. … Continue Reading

NLRB To “Vote” On Quickie Election Rules November 30

By Mark Theodore on Posted in Bargaining units, Due Process, NLRA, NLRB, Non-Union employers, Representation Elections, Rights Poster, Rulemaking, Section 9(b), Section 9(c)(5)
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

NLRB: All Employers Must Post Notice Informing Employees Of Rights Under NLRA

By Mark Theodore on Posted in Employer policies, NLRA, NLRB, Representation Elections, Rulemaking, Section 7
Concluding that “many employees protected by the NLRA are unaware of their rights under the statute,” the NLRB today issued a Final Rule today on Notification of Employee Rights under the National Labor Relations Act.pdf.  As of November 14, 2011, all employers falling under NLRB jurisdiction will be required to post a notice the content … Continue Reading

NLRB Quickie Election Rules Closer To Reality As Comments Are Filed

By Mark Theodore on Posted in Bargaining units, NLRA, NLRB, Representation Elections, Rulemaking, Section 9(b)
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

The Lull Before The Storm: Blizzard Of NLRB Activity Coming

By Mark Theodore on Posted in Bargaining units, Duty to furnish information, Healthcare Employers, NLRA, NLRB, Protected activity, Rulemaking, Section 7, Section 8(a)(1), Section 9(b), Witness statements
The mid-point of Summer has passed.  Although the NLRB has not issued a major decision in several weeks, the agency has not been slacking off this Summer.  In a typical year, August and September are the busiest months for the NLRB, because the federal government’s fiscal year ends September 30.  During the final weeks of the … Continue Reading

The NLRA and the Non-Union Employer: Proposed Union Rights Poster

By Michael Lebowich on Posted in NLRB, Non-Union employers, Rulemaking
Late last year, the National Labor Relations Board announced that it was planning on issuing a new rule that would require all employers (even those that are not currently unionized) to put up a poster detailing all of the rights (including the right to join a union) guaranteed to employees under the National Labor Relations Act.  This was the first proposed use of administrative … Continue Reading
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