NLRB

As anticipated, immediately upon his inauguration, President Trump took swift action in the labor and employment arena. His initial appointments and Executive Orders left no doubt that his administration will make an abrupt and definitive break with his predecessor.

President Trump first appointed new leaders to the Equal Employment Opportunity Commission (“EEOC”) and the National Labor Relations Board (“NLRB”), and then took additional actions aimed at halting and reversing many Biden-era initiatives and policies.… Continue Reading

On Tuesday, December 10, the National Labor Relations Board (NLRB) issued a decision that will make it more difficult for a unionized employer to make unilateral changes to working conditions. The decision, Endurance Environmental, found here, overturns a Trump-era rule established in 2019 and returns to the “clear and unmistakable” waiver standard which had been in place for decades.… Continue Reading

Reversing decades of precedent, the National Labor Relations Board (“Board”) issued two recent decisions that will significantly restrict the right of employers to provide information to their employees about the impact of unionization.  Both cases were decided by a 3-1 majority of the Board’s Democratic members, in what appears to be an eleventh-hour push to change well-settled law in advance of the Trump administration taking the reins next year.… Continue Reading

In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ended the agency’s practice of approving “consent orders,” which permitted an administrative law judge to resolve an unfair labor practice case before adjudication based on terms offered solely by the respondent.  The Board’s decision will make it more difficult for employers to settle cases at the NLRB unless they are willing to accept the full remedy sought by the general counsel. … Continue Reading

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule.

In April of 2020,  the Board published a final rule addressing various union representation issues: (1) union elections while unfair labor practice (“ULP”) charges are pending, (2) voluntary recognition procedures, and (3) Section 9(a) recognition in the construction industry.… Continue Reading

A unanimous decision from the United States Supreme Court, issued on June 13, 2024, settles the split among the circuit courts concerning the factors to be considered by a court in considering a request by the National Labor Relations Board (“NLRB”) to obtain an injunction under Section 10(j) of the National Labor Relations Act (“NLRA”) against an employer during the pendency of NLRB administrative proceedings and raises the bar that must be satisfied by the NLRB for such injunctive relief

The decision in in Starbucks Corp.… Continue Reading

On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”).

As we previously reported, the NLRB proposed the 2023 Rule for determining joint employer status under the National Labor Relations Act (“NLRA”).… Continue Reading

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s Boston Regional Director, Laura Sacks, issued her opinion after all 15 members of the Dartmouth men’s basketball team signed a petition on September 13, 2023 to be represented by the Service Employees International Union, Local 560, a union which already represents some of the school’s employees.… Continue Reading

On November 9, 2023, a coalition of business advocacy groups led by the US Chamber of Commerce filed a lawsuit in the US District Court for the Eastern District of Texas challenging the National Labor Relations Board (“NLRB”) new final rule for determining joint employer status under the National Labor Relations Act (“NLRA”).… Continue Reading

Under the Biden Administration’s influence, the National Labor Relations Board (“NLRB or “the Board”) has proposed a new Final Rule for determining joint employer status under the National Labor Relations Act (“NLRA”). The Final Rule significantly relaxes the standard for two or more companies to be classified as joint employers who share equal liability for unfair labor practices, legal obligations to negotiate with labor unions, and who may be subject to union picketing or protests in the event of a labor dispute.… Continue Reading