Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: NLRB

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Update on NLRB Vacancies

Posted in NLRB
As readers of this blog know, the Trump administration began its time in office with two vacancies on the NLRB.  After some delay, nominations were finally announced for these positions, and included William Emanuel, a management side labor lawyer for a large, national labor and employment law firm, and Marvin Kaplan, an attorney working for the Occupational… Continue Reading

“A Day Without a Woman” May Bring Employers a Day Of Legal Troubles

Posted in NLRB
Heard about “A Day Without a Woman”?  Did your business feel any impacts of “A Day Without Immigrants”?  Not sure how, as a labor professional, you should respond to these developments?  Then you should check out this Labor and Employment Alert that we posted yesterday on our Firm’s website. In the Alert, we discuss the… Continue Reading

Puzder, and Acosta, and Boeing, and Griffin, Oh My!

Posted in Department of Labor, NLRB, Union Organizing
What a last couple of weeks on the labor law front.  Here is a quick round up of significant developments, just to make sure you are caught up: Puzder Out, Acosta Up Next President Trump’s first DOL secretary nominee, Andrew Puzder, withdrew himself from contention earlier this week.  Press reports suggest that there was insufficient support… Continue Reading

NLRB Instructs Regions to Seek Informal Settlement of Class/Collective Action Waiver Cases

Posted in NLRB
Following years of uncertainty, the U.S. Supreme Court will soon decide the legality of arbitration agreements that prohibit employees from joining employment-related class or collective actions.  The NLRB has consistently argued that employee participation in class or collective actions is protected concerted activity and that agreements barring such participation constitute an unfair labor practice. The… Continue Reading

Trump Appoints Miscimarra as Acting NLRB Chairman

Posted in NLRB
Earlier this week, newly inaugurated President, Donald Trump, named Philip A. Miscimarra the acting chairman of the NLRB.  Miscimarra, the sole Republican currently on the NLRB, is serving in a term that expires in less than 12 months. Two of the five NLRB positions are currently vacant.  The details on the appointment process have not… Continue Reading

Top 5 Labor Law Developments of 2016

Posted in NLRB
Well, 2016 is finally in the history books. It was certainly a momentous year for labor law.  Here is my take on the five most significant developments in 2016: Donald Trump Elected President.  As explained in my post-election post, there are two vacant seats on the NLRB and Member Miscimarra’s (R) term is expiring in… Continue Reading

Top 5 Labor Law Developments of 2015

Posted in NLRB
2015 is over; 2016 has just begun.  So, what were the top developments in labor law in the past 12 months?  And, what should be at the top of the list for labor professionals to keep an eye on in 2016?  I will share some thoughts on these two questions over the course of the… Continue Reading

NLRB Says Halting Benefit Contributions is Unlawful

Posted in Negotiations, NLRB
Earlier this week I introduced a recent NLRB decision that addressed two significant issues for employers. The first issue – related to an employer access rule –was a largely illusory victory for the employer.  Today’s post focuses on the second issue, which related to the employer’s cessation of contributions to a union education fund. The… Continue Reading

Employer Access Policy Lawful, But Unlawfully Applied

Posted in Employee Discipline, NLRB
A recent NLRB decision hit on two issues of potential interest to labor professionals. The first, covered in today’s post, involved an employer policy on off-duty employee access to the employer’s property. It is another good example of the NLRB’s relentless scrutiny of employer policies, although this time with a slightly more favorable outcome for… Continue Reading

Prior Planning in Acquisitions Key to Avoiding Labor-Related Surprises

Posted in Mergers and Acquisitions, Negotiations, NLRB
Acquiring the assets or hiring the workforce of an employer whose employees are unionized poses an additional layer of complexity for the purchaser. Without prior planning, the purchaser can end up losing its right to set the initial terms and conditions of employment. In a case earlier this year, the NLRB provided a good reminder… Continue Reading

It’s All About Control: NLRB Expands Key Joint Employer Rule

Posted in NLRB, Union Organizing
The NLRB dealt a blow to employers yesterday, releasing its long-awaited decision in Browning-Ferris Industries. In a 3-2 decision (pdf), the NLRB rolled back nearly thirty years of case law to “restate” its joint employer standard.  The result:  a far more expansive test that is centered firmly on the question of control — even indirect or… Continue Reading

Northwestern Football Players Lose Effort to Unionize: NLRB Declines to Exercise Jurisdiction

Posted in NLRB, Union Organizing
Earlier today, the long-running saga of whether NCAA Division I football players are employees under the NLRA came to an end — at least temporarily.  The NLRB unanimously declined to exercise jurisdiction over Northwestern University’s scholarship football players and dismissed the union election petition. In January 2014, Northwestern University’s scholarship football players filed a petition… Continue Reading

Court Disagrees with NLRB Ruling on Dress of Customer-Facing Employees

Posted in Employee Discipline, NLRB, Union Insignia
More than four years ago, the NLRB gave priority to an employee’s right to wear clothing with messages critical of their employer over an employer’s interest in its reputation with customers.  In a case involving AT&T employees, the NLRB ruled that an employer violated the law when it prevented its service technicians, when visiting customer… Continue Reading

Termination for Dishonesty During Internal Investigation Lawful, Says NLRB

Posted in Employee Discipline, NLRB
In a positive development for employers, the NLRB held last week that the termination of an employee for lying during an internal investigation into complaints of harassing/discriminatory conduct was lawful.  Significantly, the decision occurred in a case that had been vacated as a result of Noel Canning. First, a quick review of the facts.  The… Continue Reading