By Nelson Cary and Amanda Miggo on Posted in ElectionsAs this blog previously discussed, the NLRB resumed union elections in April of this year after taking a short COVID-19-related hiatus in March. Thereafter, the NLRB’s General Counsel provided suggested safety protocols for conducting in-person manual elections. Now, the NLRB itself has spoken in its first decision on how to determine whether an election should… Continue Reading
By Nelson Cary and Amanda Miggo on Posted in Employee Discipline,Negotiations,NLRBThis 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
By Nelson Cary and Amanda Miggo on Posted in NLRBThe 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
By Nelson Cary and Amanda Miggo on Posted in Employee Discipline,Negotiations,NLRBIn 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
By Nelson Cary on Posted in ElectionsAfter the COVID-19 pandemic caused a temporary suspension of both in-person and mail ballot labor union elections, the NLRB permitted elections to resume in early April. On Tuesday, July 6, the General Counsel issued guidance addressing suggested safety protocols for conducting manual elections. As the COVID-19 pandemic continues to evolve, the General Counsel acknowledged the… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,RulemakingLabor professionals waiting for the new rule on certain employee free choice issues to go into effect will have to wait a little longer. The NLRB announced on Wednesday that it is delaying the effective date of this rule for 60 days, until July 31, 2020, due to the COVID-19 pandemic. The NLRB published the… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,Union OrganizingIt’s back to business for the NLRB, at least when it comes to representation elections. The NLRB announced today that it would not extend its temporary suspension of elections past this Friday, April 3, 2020. The NLRB will resume conducting elections on Monday. The NLRB had temporarily suspended NLRB elections on March 19, 2020 due… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Negotiations,NLRBWith 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
By Nelson Cary on Posted in Union OrganizingHere’s one you may not have heard about yet. Buried in the last 100 pages or so of the 600+ page CARES Act, the Covid-19 bill the Senate passed this morning, I found this nugget: (X) that the recipient will remain neutral in any union organizing effort for the term of the loan. For the… Continue Reading
By Nelson Cary on Posted in Elections,RulemakingToday, the NLRB announced that it will delay its new election rule. This follows on the heels of the NLRB’s decision last week to delay election proceedings generally due to the Covid-19 situation. As readers of this blog know, the NLRB published its final election rule in December last year. The rule’s net effect was… Continue Reading
By Nelson Cary on Posted in NLRB,RulemakingCovid-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
