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28 Dec 2017 Specialty Healthcare Death Throes Continue

  A week before Christmas employers got an early present when the newly constituted republican majority at the NLRB overruled the “overwhelming community-of-interest” unit configuration union election standard set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011).  In PCC Structurals, Inc., 365 NLRB no. 160 (December 15, 2017) the NLRB reset the clock and went back to applying its traditional community-of-interest factors when determining an appropriate unit (the proper…

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27 Dec 2017 The Gifts Keep On Comin’: NLRB GC Memo Signals Favorable Change for Employers in Union Elections

  On Dec. 15, the National Labor Relations Board announced in its PCC Structurals, Inc. decision that it had overruled its infamous Specialty Healthcare precedent and eliminated the “overwhelming community of interest” standard for employers opposing micro-units. According to the NLRB’s press release on PCC Structurals: “The Board has now abandoned the ‘overwhelming’ community-of-interest standard. In today’s decision, the Board stated that ‘here are sound policy reasons for returning to the traditional community-of-interest standard that the…

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22 Dec 2017 Trump Elects New NLRB Chair

  In the wake of last week’s sweeping rebuke of a number of Obama-era precedents, President Trump has named National Labor Relations Board (NLRB) member Marvin E. Kaplan as acting chairman of the board. Kaplan replaces former chairman Philip A. Miscimarra whose term expired on Dec. 16.   The current board includes the following members: Mark Gaston Pearce, an Obama appointee whose term expires Aug. 27, 2018 Lauren McFerran, an Obama appointee whose term expires…

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21 Dec 2017 NLRB Asks Ninth Circuit to Uphold Purple Communications Decision

  On Dec. 19, the National Labor Relations Board (NLRB) asked the U.S. Court of Appeals for the Ninth Circuit to affirm its ruling in the controversial Purple Communications decision. Purple Communications, you might remember, was a 2014 decision that overturned the Register Guard standard for employee use of company email for nonwork purposes.   The standard under the 2007 Register Guard decision was that employees had no right under the National Labor Relations Act…

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19 Dec 2017 Welcome to the NLRB Labor Law Time Machine, Step Right In…

  Everything that is old is starting to become new again. This past week, President Trump’s new NLRB appointments began to take action to return federal labor law to what it was before the eight years of pro-union rulings of the Obama-era boards.   Monday, Dec. 11   A 3-2 NLRB decision restated a board precedent that allowed administrative law judges to accept settlements over the objections of NLRB general counsel and the charging party,…

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19 Dec 2017 A Final Bow from Miscimarra Lessens Employer Bargaining Obligations

  On the eve of Chairman Philip Miscimarra’s departure, the National Labor Relations Board (NLRB) remained busy. In Raytheon, the board undid another Obama-era decision that reversed decades of NLRB precedent. This decision overturned a 2016 decision and held that where an employer makes modifications to terms and conditions of employment similar in kind and degree with an established past practice consisting of comparable unilateral modifications, they owe the union no notice or duty to…

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18 Dec 2017 All the King’s Horses and All the King’s Men CAN Put Humpty Dumpty Together Again: NLRB Overrules Specialty Healthcare, Potentially Reducing Number of Fractured Bargaining Units

  The National Labor Relations Board (NLRB) capped one of the most notable weeks in its history by issuing a decision that overruled the agency’s now infamous Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), decision. That decision paved the way for a slew of micro-units being certified by the NLRB over the last five-plus years (despite the NLRB’s assurances back in 2011 that its holding in Specialty Healthcare would only apply…

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15 Dec 2017 NLRB Delivers Early Holiday Gifts to Employers Reverts on Joint Employment, Issues Favorable Personnel Policies Standard

  Holiday gift giving has started early this year thanks to a busy week by the revamped, employer-friendly National Labor Relations Board (NLRB). On Dec. 15, the board handed down two opinions, one overturning a 2004 decision on work rules and handbook policies and the other overruling the infamous Obama-era joint employer standard.   We’ll start with the biggest gift of all: the overturning of Browning-Ferris and the return to a more sensible joint-employer standard….

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13 Dec 2017 NLRB Shuttering Its Alaska Office

  The National Labor Relations Board (NLRB) is moving forward with plans to close its office in Anchorage, Alaska – the lone physical office in that state. This follows an announcement by the agency earlier this year that it was contemplating such a move. While the physical office is closing, the NLRB will continue to have at least one agent located in the state to process cases. The office will close on Dec. 29, 2017….

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12 Dec 2017 Roll It Back? NLRB Potentially Contemplating Rescinding ‘Quickie Election Rules’

  In a potentially monumental development, the National Labor Relations Board (NLRB) announced on Dec. 12 that it is seeking input from the public regarding the NLRB’s 2014 Election Rule (aka “Quickie Election Rules” or “Ambush Election Rules”). According to a press release, the NLRB specifically is evaluating whether the rule should remain as is, be modified, or rescinded in its entirety. The press release provides instructions for submitting feedback.   A recently released report…

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