On July 21, 2021, in a 3-1 decision, the National Labor Relations Board (“NLRB”) ruled that a union does not violate federal labor law with the display of the infamous “Scabby the Rat,” and other similar inflatable symbols, at workplaces that do not employ those union’s workers. Former NLRB General Counsel Peter Robb, a Trump
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President Can Fire NLRB General Counsel, Suggests District of New Jersey Judge
By Shannon D. Farmer & Adam Friedland on
Within hours of his inauguration, President Biden broke with tradition by firing the General Counsel of the National Labor Relations Board (NLRB) after he refused to resign. Some companies have claimed that this decision was improper and left the acting General Counsel named in his place without legal authority to act, setting up an anticipated…
NLRB Holds Solicitation of Mail-Ballots Constitutes Objectionable Conduct
By David S. Fryman & Anu Susan Thomas on
On June 9, 2021, in Professional Transportation Inc., the National Labor Relations Board held that a party’s offer to collect an employee’s mail ballot constitutes misconduct that may serve as the basis to set aside the election. 370 NLRB No. 132.
The Board has previously held that a party engages in objectionable conduct when…
NLRB Keeps “Contract Bar”
By Steven W. Suflas & Juliana van Hoeven on
On April 21, 2021, the National Labor Relations Board (“Board” or “NLRB”) voted to keep in place its long standing rule limiting when workers can try to remove an existing union from the workplace or bring in another – the so-called “contract bar” doctrine.
In June of last year, the Board invited public comment on…
NLRB Finds Elon Musk Tweet and Tesla Confidentiality Agreement Violated Employee Rights
The National Labor Relations Board (NLRB or Board) recently held that Tesla Inc. and CEO Elon Musk violated the National Labor Relations Act (NLRA) by infringing on employees’ protected rights through a tweet, and through an overly-broad confidentiality agreement employees were required to sign.
Musk’s tweet, posted on May 20, 2018 read:
“Nothing stopping Tesla…
NLRB Withdraws Proposed Rule Blocking Graduate Student Unionization
The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule proposed in 2019, discussed in more detail here, the NLRB would have declared the relationship of graduate students with their…
Lawmakers Reintroduce the PRO Act to Promote Union Organizing
By Emily J. Daher & Brian D. Pedrow on
On February 4, 2021, the Senate Committee on Health, Education, Labor and Pensions (HELP) reintroduced federal legislation designed to significantly expand the rights of workers to unionize and enhance protections to employees whose efforts to do so are impeded by employers, or who are retaliated against for engaging in protected activity. The bill, known as…
Podcast – Recent Developments at the NLRB under the Biden Administration
By Meredith S. Dante & Steven W. Suflas on
Meredith Dante and Steve Suflas discuss developments at the National Labor Relations Board (NLRB) in the early days of the Biden administration and the challenges employers, even ones without unions, will face with the return to a more activist NLRB. The podcast will discuss the likely return to Obama-era rules and guidance, particularly in the…
New NLRB Leadership Rescinds Trump-Era Memos
By Steven W. Suflas & Tara L. Humma on
The newly appointed Acting General Counsel of the National Labor Relations Board, Peter Sung Ohr, rescinded 10 General Counsel Memoranda issued by his predecessor that provided guidance on issues including: standards for review of employer handbook policies, handling of charges involving allegations that unions have breached the duty of fair representation, deferral of unfair labor…
What will the Biden Administration Mean for the NLRB?
By Shannon D. Farmer on
On his first day in office, President Biden fired the NLRB’s General Counsel. He fired the Deputy General Counsel the next day. There is one vacancy on the NLRB now and another seat comes open this summer, allowing Democrats to take control and revisit a number of pro-employer decisions issued by the Republican-controlled NLRB. In…