By Nelson Cary and Alex Ehler on Posted in NLRB,UnionsActing General Counsel Peter Sung Ohr has wasted no time in reversing course at the NLRB’s General Counsel office. Yesterday, less than two weeks after President Biden’s unprecedented removal of the NLRB’s GC, AGC Ohr issued a memorandum (GC 21-02) to the NLRB’s regional offices. The memorandum rescinds several general counsel memoranda issued by former… Continue Reading
By Nelson Cary on Posted in NLRBWhat a difference a day can make. On the first day of the Biden administration, the President gave the General Counsel of the National Labor Relations Board until 5 p.m. to resign or be fired. GC Peter Robb (R) declined to do so. (Here is a link to the GC’s short letter to the White… 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 Membership,UnionsThe NLRA permits employers and unions to agree to “union security” clauses in a collective bargaining agreement. This clause requires employees to join the union (and pay dues) or lose their job with the employer. Congress imposed this “membership” obligation on employees to eliminate what some call the “free rider” problem. The NLRA requires a… Continue Reading
By Nelson Cary and Ashley Manfull on Posted in Employee Handbooks,NLRBLast 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
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
