The National Labor Relations Board continues its December precedent merry-go-round with a return to the Specialty Healthcare, 357 NLRB 934 (2011) (“Specialty Healthcare”) standards for bargaining unit determinations. In American Steel Construction, 372 NLRB No. 23, the Board overturned PCC Structurals, Inc., 365 NLRB No.
representation
NLRB Announces Proposed Rule to Rescind 2020 Amendments to Representation Election Procedures
By Joshua Fox & Ross Evans on
As foreshadowed by the National Labor Relations Board’s (the “Board”) Spring 2022 rulemaking agenda (discussed in our prior post here), Chair Lauren McFerran, Member Gwynne A. Wilcox, and Member David M. Prouty published a Notice of Proposed Rulemaking (“NPRM”) on Friday, November 4, 2022, proposing to rescind a…
Regulatory Two-Step – DOL and NLRB Announce Proposed Rules Limiting Employer Communications with Employees Regarding Union Representation
By Ronald Meisburg on
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…