Labor Relations Today

Labor Relations Today

Category Archives: Amici Briefs

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Will NLRB’s New ‘Joint Employer’ Standard Discourage Corporate Social Responsibility Initiatives?

Posted in Amici Briefs, Joint Employer, NLRB, Unions
All observers recognized that the National Labor Relations Board’s Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015) decision, overhauling decades of settled precedent, was going to have significant and far-reaching effects, as it greatly expanded the scope of relationships in which the Board would find entities to be “joint employers.” Most commentary has focused on… Continue Reading

NLRB Invites Briefs on Whether It Should Continue to Permit Administrative Law Judges to Approve Unilateral Settlement by “Consent Order”

Posted in Amici Briefs, NLRB
On February 19, 2016, the National Labor Relations Board (the “Board”) invited briefs from interested parties to consider whether the Board should continue to permit Administrative Law Judges to issue “consent orders,” subject to review by the Board, incorporating the terms proposed by the respondent to settle an unfair labor practice case, to which no… Continue Reading

NLRB Invites Briefs on Whether Revise Its Treatment of Search-for-Work Expenses as Part of the Make-Whole Remedy

Posted in Amici Briefs, NLRB, Remedies
On February 19, 2016, the National Labor Relations Board (the “Board”) invited briefs from interested parties in a case considering whether the Board should revise its treatment of search-for-work expenses and interim employment expenses as part of the make-whole remedy for unlawfully discharged employees. For decades, the Board has treated an unlawfully discharged employee’s reasonable… Continue Reading

NAM Files Amicus Brief Challenging ALJ Decision Reinstating Racist Employee

Posted in Amici Briefs, NLRB, NLRB Decisions, Picket Line Activity, Unfair Labor Practices
On November 10, 2015, the National Labor Relations Board granted the National Association of Manufacturers’ motion to file an amicus brief in Cooper Tire & Rubber Co., Case No. 8-CA-87155, in which the employer is challenging an administrative law judge’s decision requiring the employer to reinstate an employee who made racist statements on the picket line. The… Continue Reading

The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015

Posted in Amici Briefs, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, NLRA, NLRB, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Representation Elections, Senate, State/Local Issues
1.  Will the Courts Uphold the New Expedited Election Rules? The National Labor Relation Board’s new expedited election rules took effect on April 14, 2015, but not before two lawsuits could be filed seeking to invalidate them in January 2015. The first lawsuit was filed by business groups, including the U.S. Chamber of Commerce, in… Continue Reading

Labor Relations Today Releases ‘Labor Law 2014: A Year in Review’

Posted in Alternative Labor Law Reform, Amici Briefs, Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2014: A Year In Review. This marks the fourth straight year that we have produced this annual review of developments in traditional labor law and labor-management relations. 2014 ushered in a National Labor Relations Board with more prospective stability than in recent years as the seats… Continue Reading

With the Mid-Term Elections No Longer a Concern, Expect Flurry of Activity by the NLRB Before Schiffer’s Term Expires

Posted in Amici Briefs, Bush Board Reversal, House of Representatives, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Presidential Appointments, Senate
National Labor Relations Board Member Nancy Schiffer’s term expires December 16, 2014. With the mid-term elections out of the way and given the uncertainty of how a Republican-controlled Congress next year could affect the Board majority’s agenda, it is expected that the NLRB will issue decisions addressing significant issues as well as finalize the NLRB’s… Continue Reading

GC To Board: Adopt New Joint Employer Standard

Posted in Amici Briefs, NLRA, NLRB, Quick Hits, Unions
Last week, the General Counsel for the National Labor Relations Board submitted an amicus brief wherein he argued that the Board should nix its current joint employer standard in favor of a “totality of the circumstances” test.  Under the current standard, the Board examines whether a putative co-employer meaningfully affects an employee’s essential terms and… Continue Reading

Board Seeks Briefing On Joint Employer Standards

Posted in Amici Briefs, NLRA, NLRB, Quick Hits
Earlier today, the National Labor Relations Board announced that it was inviting interested parties to file amicus briefs concerning the Board’s current “joint employer” standard, as raised in Browning-Ferris Industries.  In particular, the invitation to file briefs is concerned with whether the Board should adhere to the existing joint-employer standard.  If not, the Board is… Continue Reading

NLRB Invites Briefs on Employee Use of Employer’s Electronic Communication Systems

Posted in Amici Briefs, Bush Board Reversal, NLRA, Unfair Labor Practices
As noted back in February, the National Labor Relations Board’s General Counsel’s prosecutorial priorities included cases involving employees’ use of an employer’s email system. Currently, the Board’s Bush-era Register Guard decision governs these decisions, holding essentially that employers can issue a blanket-ban on employees using email systems for non-work purposes if that blanket-ban is non-discriminatory and consistently applied. The General… Continue Reading