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 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 Independent Contractors,NLRBLast 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
By Nelson Cary and Lauren Sanders on Posted in NLRBJust 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
By Nelson Cary and Jesse Meade on Posted in NLRBThe Senate confirmed the appointment of Peter Robb as NLRB General Counsel on November 8, 2017, by a final vote of 49-46. Robb will take over as the chief enforcer for the NLRB, and represents a dramatic departure from his predecessor Richard Griffin, who pursued a number of cases that changed NLRB law in ways… Continue Reading
By Nelson Cary, Monica Oathout and Mike Griffaton on Posted in NLRBHeard 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
By Nelson Cary on Posted in Elections,NLRB,Union NegotiationsEarlier this year, the NLRB’s GC, who is responsible for enforcing the NLRA, continued his annual practice of attending the Mid-Winter Meeting of the Practice and Procedure Committee of the ABA Labor and Employment Law Section. The GC answered questions the committee had collected from labor law practitioners around the country. A few weeks ago,… Continue Reading
By Nelson Cary and Greg Scheiderer on Posted in Elections,NLRB,RulemakingEarlier this week, Region 8 of the NLRB held a training session in Cleveland, Ohio, on the upcoming changes to the procedures for representation cases that will go into effect on April 14, 2015. This training session was one of more than 35 sessions the NLRB is hosting for practitioners across the country. Additionally, NLRB… Continue Reading
By Nelson Cary on Posted in UnionsMergers and acquisitions involving unionized companies present a number of potential labor law challenges for the buyer. Primarily, these challenges arise from the well-established rules applicable to "successor" employers. A "successor" is a company that purchases the stock or, in certain cases, the assets of a unionized company. If the buyer is a successor employer under the… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Brad Gibson The UFCW union has tilted at the Wal-Mart windmill for many years now, employing various tactics to get Wal-Mart employees interested in unions and union activity. One tactic that has been used is mass demonstrations, including picketing. It was the use of a demonstration against Wal-Mart that recently led the NLRB’s… Continue Reading
By Nelson Cary on Posted in NLRBEarlier today, the U.S. Senate voted to confirm the nomination of Richard F. Griffin, Jr. as General Counsel of the NLRB. The General Counsel is responsible for the enforcement of the NLRA and supervises the regional offices of the NLRB in the investigation of unfair labor practice complaints and the conduct of union representation elections. Mr.… Continue Reading
