Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: NLRB

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Employers Take Note: Covid-19-Related Actions that Will Get the Attention of the NLRB

Posted in Employee Discipline, Negotiations, NLRB
This blog previously discussed the NLRB’s dismissal of virus-related charges.  The NLRB General Counsel, however, recently released a new memorandum summarizing cases related to Covid-19 where the NLRB found the virus-related issues had merit and pursued litigation. Because the cases are still in active litigation, the memo merely summarizes the facts of the cases.  It… Continue Reading

Remote Hearings are New Default for Unfair Labor Practice Complaints

Posted in NLRB
The regional offices no longer need approval from the NLRB headquarters to schedule remote hearings for most unfair labor practice complaints.  Last week, the Office of the General Counsel released a memorandum instructing the regional offices to hold remote hearings for most ULP matters.  The memorandum also indicated that, effective immediately, any pending requests for… Continue Reading

A Series of Dismissals Occur in Virus-Related NLRB Charges Against Employers

Posted in Employee Discipline, Negotiations, NLRB
In a positive series of events for employers, the General Counsel’s Division of Advice called for the dismissal of five different coronavirus-related charges against employers.  The GC’s office sent memos to regional NLRB offices directing them to dismiss specific cases, all of which were labor disputes sparked by the pandemic.  All charges were either dismissed… Continue Reading

COVID-19 and the Duty to Bargain: Advice from the General Counsel

Posted in Negotiations, NLRB
With COVID-19 disrupting business, employers may be questioning whether the virus has an effect on the duty to bargain with labor organizations.  On Friday, the NLRB’s General Counsel, Peter B. Robb, attempted to answer these questions, issuing a letter to regional officials clarifying employers’ duty to bargain during emergencies. The General Counsel’s letter summarized nine… Continue Reading

The NLRB and Covid-19: An Update

Posted in NLRB, Rulemaking
Covid-19 has disrupted the operations of many employers and governmental functions.  The NLRB is no different.  Here is a summary of where things stand tonight. Regional Offices Many regional offices have been closed for varying periods of time.  The NLRB is sending out updates on these events as they occur and has devoted a page… Continue Reading

NLRB Issues Final Rule Clarifying Joint Employer Standard

Posted in NLRB, Rulemaking
Today, the NLRB announced their final rule on how to analyze joint-employer status under the NLRA.  This is good news for employers, as the final rule makes it harder to prove that workers are jointly employed by affiliated businesses.  By publishing this final rule, the NLRB is revitalizing the joint-employer standard that the NLRB applied… Continue Reading

NLRB Concludes Pending Workplace Investigations May Be Kept Confidential

Posted in Employee Handbooks, NLRB
As many employers know, confidentiality can be essential to performing workplace investigations.  Last month, in Apogee Retail, LLC, a 3-1 decision, the NLRB agreed.  Applying the test for facially neutral rules established in The Boeing Company, 365 N.L.R.B. No. 154 (2017) (discussed here), the NLRB held that workplace rules that require employees to keep pending… Continue Reading

NLRB Proposed Rule States Graduate Students Are Not Employees

Posted in NLRB, Rulemaking
Last week, by a 3-1 vote, the NLRB approved a proposed rule that would classify graduate students, who conduct paid teaching and research, as students rather than “employees” under federal labor law. This rule would divest graduate students of their right to unionize and would end a recent wave of graduate student unionization efforts at… Continue Reading

NLRB Issues Notice of Proposed Rulemaking Amending Election Procedures

Posted in NLRB, Rulemaking
On August 12, 2019, the NLRB published a Notice of Proposed Rulemaking in the Federal Register regarding election procedures that the NLRB majority contends is essential to preserving employees’ right to free choice of representation. The proposed rule contain three changes to current NLRB election regulations: First, it replaces the current blocking charge policy with… Continue Reading

Chairman John Ring: The NLRB in 2019

Posted in NLRB, Rulemaking
On June 27, 2019, NLRB Chairman John Ring spoke at the 36th Carl A. Warns, Jr. and Edwin R. Render Labor and Employment Law Institute in Louisville, Kentucky.  Chairman Ring (R), a former management attorney who previously worked for the Teamsters before graduating from law school, was confirmed by the Senate in April 2018.  Chairman… Continue Reading

NLRB GC Says Uber Drivers are Independent Contractors

Posted in Independent Contractors, NLRB
Last month, the NLRB General Counsel issued an advice memorandum concluding that Uber drivers are independent contractors.  The GC applied the recent NLRB decision in Super Shuttle, which clarified the test applied under the NLRA to determine “employee” status.  In the process, it overturned an Obama Board precedent that the NLRB majority held was incorrectly… Continue Reading

NLRB Pushes Back Deadline for Submitting Comments on Joint Employer Rule

Posted in NLRB, Rulemaking
The NLRB’s rulemaking on the joint employer issue has again been delayed.  Earlier this month, the AFL-CIO filed a memorandum (pdf) alleging that business groups secretly had “extensive input” on the proposed rule.  The AFL-CIO requested a 30-day extension of the time to submit comments on the proposed rule. On Monday, the NLRB announced that… Continue Reading

NLRB Publishes Proposed Joint Employer Rule

Posted in NLRB, Rulemaking
On Friday last week, the NLRB (in a 3-1 decision) carried through on its previous announcement and published a notice of proposed rulemaking that would address the hotly contested joint employer issue.  “Joint employer” refers to the question of whether one business can be considered the employer of another business’ employees.  Think of situations like subcontracting,… Continue Reading

Will Employers Get Their Email Systems Back? NLRB Invites Briefs on Purple Communications

Posted in Employee Handbooks, NLRB, Union Organizing
Last Wednesday, the NLRB issued a notice and invitation for parties to file briefs to address how the board should treat its previous decision Purple Communications, Inc., 361 N.L.R.B. 1050 (2014).  As we explained when Purple Communications was decided, the NLRB held that employees who were given access to their employer’s e-mail system for work-related purposes… Continue Reading

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