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17 Dec 2018 More Time! NLRB Again Extends Comment Period For Impending Joint-Employer Rule

Last week the National Labor Relations Board announced that it has again extended the time for the public to submit comments regarding its impending rule regarding joint employment. This is the second 30-day extension since the proposed rule was issued on Sept. 13, 2018, with its initial 60-day public comment period.   According to the press release: “The National Labor Relations Board is extending the time for submitting comments regarding its proposed rulemaking to address…

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13 Dec 2018 NLRB Announces Strategic Plan For FY 2019 – FY 2022

On Dec. 7, the National Labor Relations Board (NLRB) announced a new strategic plan for its fiscal years 2019-2022. According to the agency’s press release: “The Strategic Plan contains four mission-related goals to support the vision of NLRB Chairman John Ring and General Counsel Peter Robb. These four mission-related goals include: (1) achieving a collective 20% increase (5% over each of four years) in timeliness in case processing  of unfair labor practice charges, (2) achieving…

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10 Dec 2018 NLRB General Counsel Denies Union Access to Employer’s Tax Cut Savings Information

Unionized employers are painfully aware of their obligations to respond to what often feel like invasive information requests from the unions that represent their employees. The National Labor Relations Board has long held that unions are entitled to information requested from an employer so long as it is necessary for the union’s proper performance of its statutory duties as collective-bargaining representative. Determining whether that standard of relevance has been met in any given case is…

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27 Nov 2018 Do Employee Safety Policies Require Negotiation With A Union?

Employee safety is paramount. Companies regularly evaluate, modify, and implement policies and processes to ensure they provide safe places to work. If a company has a union, however, does the employer have to negotiate with the union before changing or implementing safety policies? A recent decision from the National Labor Relations Board (NLRB) shows the answer to that question often is “yes.”   In a Nov. 20 decision in the case Orchids Paper Products Co.,…

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15 Nov 2018 Gloves-Off: NLRB Union Staffers Protest Trump Board

Since President Trump overhauled the makeup of the National Labor Relations Board (NLRB) last year, much change has been afoot. Aside from significant rulings being issued by the agency, various administrative and staffing changes have been contemplated and/or formally announced. The board also terminated its collective bargaining agreement with the union representing its staff members – the NLRB Professional Association – in order to renegotiate its terms. These changes have not been well received by at least some of…

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13 Nov 2018 Clearance: NLRB Member Cleared By Ethics Officer To Participate In Joint Employer Rulemaking

Earlier this year, the National Labor Relations Board’s (NLRB) Inspector General issued a report concluding that current board Member William Emanuel should have recused himself from a significant decision at the end of 2017 involving joint employment under the National Labor Relations Act (NLRA) based on an alleged conflict of interest. As a result of that report, the 2017 decision was vacated. Since that time, the NLRB has announced it plans to tackle the joint employment issue via…

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01 Nov 2018 Comment Period for NLRB’s Highly Anticipated Joint-Employer Rule Extended

The NLRB extended the comment period for its proposed new joint-employer rule, giving the public another 30 days to weigh in on what has been a hot-button issue for businesses who use staffing companies or franchise models. On Sept. 13, the National Labor Relations Board (NLRB) unveiled a proposed new rule regarding joint employment under the National Labor Relations Act (NLRA), which stands to make it more difficult for the board to impose a joint-employer…

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30 Oct 2018 Green Light! NLRB OKs Petition Seeking To Oust Union

The National Labor Relations Act (NLRA) makes it extremely difficult for a union to be removed from the workplace once it has been voted in by employees or voluntarily recognized by an employer. One of the few routes available for a union’s ouster are petitions that can be filed with the National Labor Relations Board (NLRB) claiming that a union has lost a “majority of support” amongst the employees at issue.   There are many…

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26 Oct 2018 NLRB GC Action May Make Unions More Accountable To Their Members

Under the National Labor Relations Act (NLRA), unions owe their members a “duty of fair representation.” For example, a union may violate the act if it refuses or fails to process an employee grievance based on arbitrary, discriminatory, or bad faith reason. To the extent unions violate their duty of representation, they can be found by the National Labor Relations Board (NLRB) to have violated the act and have penalties imposed on them.   On…

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18 Oct 2018 NLRB Signals We May Not Get Clarity On Construction Industry CBAs Just Yet

On Sept. 11, the National Labor Relations Board (NLRB) invited the public to file briefs on legal issues pertaining to construction industry labor agreements. Most private sector collective bargaining agreements are governed by Section 9(a) of the National Labor Relations Act, which generally requires that a majority of the employees in the bargaining unit support having a union represent them. In the construction industry, though, labor agreements are presumed to be covered by Section 8(f)…

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