Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: NLRB

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New NLRB Guidance Gives The Green Light On Common Sense Employee Work Rules

Posted in Employee Handbooks, NLRB
Last December, the NLRB recently established a new standard for determining the lawfulness of facially neutral employee handbook policies that “may” restrict the exercise of an employee’s NLRA rights.  As more fully discussed in our prior post, in Boeing Company the NLRB rejected its previous standard for reviewing employer rules and replaced it with a… Continue Reading

New Developments on the Joint Employer Standard

Posted in NLRB, Rulemaking
The NLRB intends to publish a notice of proposed rulemaking on the joint employer issue sometime this summer.  The NLRB had previously announced its intent to consider rulemaking on this issue, and our prior post on the subject explains in detail the background of the issue for those who are unfamiliar. The disclosure came in… Continue Reading

NLRB May Issue Rule on Joint Employer Standard

Posted in NLRB, Rulemaking
The NLRB today published a notice that it was considering issuing a proposed rule on joint employer status.  “Joint employer” refers to the question of whether one business can be considered the employer of another business’ employees. This question has been a hot topic for many years.  It was at issue in the Obama NLRB’s much… Continue Reading

Senate Confirms Ring for NLRB

Posted in NLRB
The U.S. Senate voted yesterday by a narrow 50-48 margin to confirm the nomination of John Ring (R) to the NLRB.  Prior to his nomination, Ring was an attorney representing management at a large law firm.  The confirmation of his appointment returns the NLRB to a 3-2 Republican majority. Late last year, the NLRB also had… Continue Reading

NLRB Drops More Demanding Joint Employer Test . . . For Now

Posted in NLRB
On Monday, the NLRB vacated its decision in Hy-Brand Industry Contractors.  As we discussed on this blog in December, the Hy-Brand decision adopted a more demanding test for determining when multiple employers are considered joint employers. Monday’s decision comes on the heels of a report from the NLRB’s Office of the Inspector General (“OIG”). The… Continue Reading

NLRB Extends Time to Respond to Request for Information on 2014 Election Rule

Posted in Elections, NLRB
The 2014 Election Rule is here to stay— at least for the next two months.  On Friday, the NLRB extended the time for filing responses to the Request for Information until March 19, 2018. As we previously reported, the 2014 Election Rule, also known as the “ambush” or “quickie” election rule, speeds up the representation… Continue Reading

Republican Majority on the Horizon for NLRB with Nomination of Management Attorney

Posted in NLRB
The NLRB may soon have a full complement of members, with Republicans back in the majority.  On January 12, 2018, President Trump nominated management-side attorney John Ring (R) to fill the single vacancy on the NLRB that opened when former Chairman Philip Miscimarra (R) stepped down last year. Ring is currently the co-leader of a… Continue Reading

Another NLRB Course Reversal: Union Organizing in “Micro-Units”

Posted in NLRB, Union Organizing
In the final days of Chairman Philip Miscimarra’s (R) term, we have seen a flurry of decisions that reverse the outcome of cases decided during the Obama Board years. Friday, the last day of Chairman Miscimarra’s term, was no different.  In the NLRB majority’s sights this time was the union-friendly Specialty Healthcare decision that made… Continue Reading

NLRB Returns to a More Demanding Joint Employer Test

Posted in NLRB
Yesterday, the NLRB overruled the Obama-era Browning-Ferris Industries decision and returned to an older, more demanding test for determining when multiple employers are joint employers. First, a little history.  For a long time, employers could only be considered “joint employers” if they each exercised direct and immediate control over employees.  Joint employers can be liable… Continue Reading

New Year, New Direction? Possible Decisions from The Trump NLRB in 2018 and Beyond

Posted in NLRB
Just a few months after the NLRB became majority Republican, there are early signs that the agency may be taking a new direction in 2018.  Peter Robb, the NLRB’s new General Counsel, sent a memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers in early December. In his memorandum, which followed a practice that prior General… Continue Reading

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