Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: NLRB

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

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

Big Defeat for UAW as Nissan Workers Vote “No”

Posted in Elections, Union Organizing
By nearly a 2-to-1 margin, Nissan’s production and maintenance employees at its Canton, Mississippi facility rejected UAW representation.  The count was 2,244 “no” votes to 1,307 “yes” votes. The UAW had invested heavily for over six years in trying to convince Nissan’s Mississippi workers to vote “yes.”  Through demonstrations and rallies featuring actor Danny Glover,… Continue Reading

UAW Files Election Petition for Workers at Nissan’s Canton, MS Facility

Posted in Elections, Union Organizing
On July 10, the UAW filed a NLRB Petition for Election to represent all of the production and maintenance workers at Nissan’s Canton, Mississippi manufacturing facility.  The facility has over 6,500 workers.  The petition could not only include the production and maintenance workers employed directly by Nissan, but also include contract workers employed by Kelly… Continue Reading

Former NLRB Acting General Counsel’s Service Invalid

Posted in Courts
Former NLRB Acting General Counsel Lafe Solomon was not permitted to serve in that capacity once former President Obama nominated him for the position of General Counsel of the NLRB.  So held the U.S. Supreme Court yesterday in a 6-2 decision.  The decision is just the most recent in a line of cases on the NLRB’s… 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

Judge Gorsuch and the NLRB Part 1: An Initial Overview

Posted in Courts
Earlier this week, as I’m sure everyone has now heard, President Trump announced his pick for the U.S. Supreme Court. For those of you who missed it, President Trump nominated Neil Gorsuch, a judge on the U.S. Court of Appeals for the Tenth Circuit. Curious about his decisions in cases involving the NLRB, I set… 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

My Obligatory SCOTUS Nominee Blog Post….

Posted in Courts
So, by now, I’m sure everyone has heard that President Obama announced his pick for the U.S. Supreme Court last week.  In case you missed that, he selected Chief Judge Merrick Garland, from the D.C. Circuit Court of Appeals.  As a result, many have been writing about how Judge Garland has ruled in any given… Continue Reading

U.S. Chamber of Commerce Takes on the NLRB

Posted in Employee Handbooks
The U.S. Chamber of Commerce has released a biting analysis of the NLRB’s recent decisions that attack employers’ basic handbook policies. The lengthy report summarizes a number of decisions that find many basic handbook policies on courtesy, respect, and confidentiality in the workplace to be unlawful under the NLRA.  Many of these cases have been covered… 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

Requesting Police Enforcement of Trespass Law is a “Petition” to the Government

Posted in Courts, Unions
The First Amendment to the United States Constitution protects the right of the people “to petition the Government for a redress of grievances.”  Courts have concluded that when a person petitions the Government in good faith, the First Amendment prohibits any sanction for that conduct.  Applied in the labor law context, therefore, employer conduct that… 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

UPDATE: Business Groups Appeal Loss on Election Rule

Posted in Courts, Elections, Union Organizing
Updating our post from yesterday, the Texas business groups who lost their challenge to the NLRB’s “ambush” election rule wasted no time filing a Notice of Appeal (pdf) of that decision to the U.S. Court of Appeals for the Fifth Circuit.  While it is certainly possible that the appeals court could reverse the decision, any… Continue Reading