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Labor Relations Today

Category Archives: NLRB Rule-Making

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Board Member Hirozawa Endorses “Members Only” Union Recognition in Concurring Opinion as Term Expires

Posted in Beyond EFCA: Labor's Agenda, Duty to Bargain, Negotiations, NLRA, NLRB Decisions, NLRB Rule-Making
In one of the final decisions of his expired term, Board Member Kent Hirozawa sanctioned a long-rejected interpretation of the National Labor Relations Act which would impose an obligation on employers to bargain with “members only” unions. Endorsing a theory outlined most thoroughly by Professor Charles Morris in his 2005 book, “The Blue Eagle at… Continue Reading

Professors Petition NLRB to Grant Unions Right to Hold Captive Audience Meetings During Organizing Campaigns

Posted in NLRA, NLRB, NLRB Rule-Making, Representation Elections, Special Interests
On January 15, 2016, more than 100 professors from about 70 universities filed a rulemaking petition with the National Labor Relations Board requesting that the Board adopt a rule providing that where an employer holds “captive audience meetings” to express opposition to unionization, the union has a right upon request to equivalent access to address employees.… Continue Reading

Labor Relations Today Issues ‘Labor Law 2015: Year in Review’

Posted in Alternative Labor Law Reform, Beyond EFCA: Labor's Agenda, Bush Board Reversal, Card Check, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislation, Micro Units, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Remedies, Representation Elections, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Law 2015: A Year In Review. For most of 2015, the National Labor Relations Board consisted of five members and the general counsel — all Senate-confirmed. This Board and the White House continued aggressive efforts to overhaul traditional labor law administratively,… Continue Reading

NLRB Hearing Officer and Regional Director Impose More Burdensome Election Eligibility List Standards

Posted in Expedited Elections, NLRB Administration, NLRB Rule-Making, Representation Elections
Under the new expedited election rules implemented by the Board to facilitate union organizing, within two days of the scheduling of an election, the employer must provide the petitioning union: with an alphabetized list of the full names, work locations, shifts, job classifications, and contact information (including home addresses, available personal email addresses, and available home and… Continue Reading

More About the Protecting American Jobs Act (S. 2084)

Posted in Federal Court Litigation, House of Representatives, Legislation, NLRA, NLRB, NLRB Administration, NLRB Rule-Making, Senate
As noted yesterday, Senator Mike Lee (R-UT) has introduced a bill to curtail the authority of the National Labor Relations Board.  The Protecting American Jobs Act (S. 2084) — co-sponsored by Sens. Ted Cruz (R-TX) and Tom Cotton (R-AR) — is analogous to a House bill (H.R. 1893) introduced earlier in 2015, now with seventy… Continue Reading

NLRB General Counsel Issues Guidance on Employee Electronic Signatures to Support Representation Petitions

Posted in Expedited Elections, NLRB Administration, NLRB Rule-Making, Representation Elections, Social Media
A lesser discussed provision of the Board’s new “quickie” election procedures, effective April 14, 2015, asserted that the Board may accept employee electronic signatures as proof of the “showing of interest” filed with a representation petition.  This week, the General Counsel issued a guidance memorandum outlining the way the Board will treat such filings. Memorandum… 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
road ahead1.  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

House, Senate Propose NLRB Budget Cuts and Policy Limitations

Posted in House of Representatives, NLRA, NLRB, NLRB Rule-Making, Senate
The House and Senate appropriations committees both advanced bills on June 17 and June 23, respectively, seeking to slash the National Labor Relations Board’s budget. The House’s bill seeks a 27 percent reduction, taking the NLRB’s current budget of $274 million down to $200 million. Meanwhile, the Senate bill proposes a ten percent reduction of… Continue Reading

Associated Builders Appeal Quickie Election Decision

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits
In a move that surprised absolutely nobody, business coalitions challenging the National Labor Relations Board’s controversial “quickie election” rules announced that they will appeal this week’s ruling out of Texas finding that the groups failed to prove that the rule violated both the Administrative Procedure Act and the National Labor Relations Act.  [Notice of Appeal]… Continue Reading

Board Fights Back Against Quickie Election Challenge

Posted in Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections
The National Labor Relations Board filed a notice of supplemental authority with the D.C. Circuit in defense of the Board’s controversial “quickie election” rules, arguing that the court’s recent decision in Nam v. Perez should govern the instant matter: “The [NAM v. Perez] decision … addresses and rejects arguments substantially identical to those raised by… Continue Reading

Senate Tables Quickie Election Veto

Posted in NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, White House
Yesterday, the United States Senate voted 96-3 to table President Obama’s veto of a Republican attempt to scupper the now-infamous “quickie-election” regulations.  The move to table the override vote effectively amounts to Republicans admitting defeat on the issue. As we wrote back in March, President Obama vetoed a Congressional measure of disapproval, which would have blocked the implementation… Continue Reading

Chamber Fires Another Round At Quickie Election Rules

Posted in Federal Court Litigation, House of Representatives, NLRA, NLRB, NLRB Rule-Making, Quick Hits, Representation Elections, Senate, Unions, White House
This week, the U.S. Chamber of Commerce and other trade groups filed a Motion in the U.S. District Court for the District of Columbia, arguing that the National Labor Relations Board’s “quickie election” rules should be invalidated. The rules, which were published at the end of last year in the Federal Register, would allow a… Continue Reading

NLRB to Begin Training Staff on New Quickie Election Rules

Posted in Federal Court Litigation, NLRB, NLRB Administration, NLRB Rule-Making, Representation Elections, White House
The National Labor Relations Board’s new election rules go into effect April 14, and Deputy General Counsel Jennifer Abruzzo announced ($) that training on those rules for regional office employees will begin in Washington on March 16. The NLRB’s regional offices will also offer educational meetings to labor law practitioners March 23 through April 13. The… Continue Reading

Senate Takes Aim At Quickie Election Rule

Posted in House of Representatives, Legislation, NLRA, NLRB Rule-Making, Quick Hits, Representation Elections, Unions
Yesterday, the United States Senate voted 53-45 in favor of proceeding to formal debate on Senate Joint Resolution 8.  S.J. Res. 8 is a joint resolution with the U.S. House of Representatives designed to express both the House and Senate’s disapproval of the National Labor Relations Board’s “quickie election” rules.  The quickie election rules are… Continue Reading

NFIB and ABC Join Fight Against NLRB’s ‘Quickie Election’ Rule by Filing Suit in Texas

Posted in Expedited Elections, Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Representation Elections
On Tuesday, January 13, the National Federation of Independent Business (NFIB) Texas, Associated Builders and Contractors (ABC) of Texas and the Central Texas Chapter of ABC filed a joint lawsuit in the U.S. District Court for the Western District of Texas against the National Labor Relations Board (NLRB) challenging the NLRB’s recently issued election rule… 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

Group Led by US Chamber Files Suit Challenging NLRB’s New ‘Quickie Election’ Rule

Posted in Expedited Elections, Federal Court Litigation, NLRA, NLRB, NLRB Rule-Making, Representation Elections
On January 5, the United States Chamber of Commerce filed suit in the United States District Court for the District of Columbia challenging the National Labor Relations Board’s “recently issued ‘ambush’ election rule.” The Chamber is joined in the lawsuit by the Coalition for a Democratic Workplace, National Association of Manufacturers (NAM), National Retail Federation… 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
481384017National 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

NLRB Postpones Creation Of Employee Right To Use Employer E-Mail For Union Activity

Posted in Bush Board Reversal, NLRA, NLRB Decisions, NLRB Rule-Making, Representation Elections
On April 30, 2014, the National Labor Relations Board invited submission of amicus briefs in the case of Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), as it considered whether to overrule precedent to create an employee right to use an employer’s electronic mail systems for union activity. The administrative law judge, relying on Register… Continue Reading

Top 10 NLRB Issues to Monitor the Rest of the Year

Posted in Expedited Elections, Micro Units, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Representation Elections, SCOTUS, Unfair Labor Practices
459895879UPDATED: JULY 29, 2014 1.  Aftermath of Noel Canning The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional.  Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling.  Administrative actions… Continue Reading

NLRB’s Public Hearing on New Election Rules Starts Tomorrow

Posted in Expedited Elections, NLRB, NLRB Administration, NLRB Rule-Making, Representation Elections
The National Labor Relations Board’s public hearing regarding its new election rules designed to shorten the time-frame for the conduct of union representation elections commences tomorrow and will end on Friday. As previously noted, the proposed rule is identical to changes first proposed in June of 2011 that were ultimately invalidated by the District Court decision in Chamber… Continue Reading

@LRToday Morning Round-Up: April 8, 2014

Posted in House of Representatives, Media Round-Up, NLRA, NLRB, NLRB Rule-Making, Representation Elections, Unfair Labor Practices, Unions
Board Declines GOP Request To Extend Election Comment Period: Ben James of Law360 ($$) writes that the National Labor Relations Board has declined a request from John Kline (R-MN), the chairman of the House Education and Workforce Committee, to extend the open comment period for the Board’s "quickie election" rule.  Board Chairman Mark Gaston Pearce, in a short… Continue Reading

Deja Vu All Over Again: National Labor Relations Board Announces Proposed Rule-Making to Expedite Union Representation Elections

Posted in Alternative Labor Law Reform, NLRB Rule-Making, Representation Elections, Unions
No shock to anyone, the National Labor Relations Board today announced that tomorrow it will publish anew a Notice of Proposed Rulemaking (NPRM) to drastically shorten the timeframe for the conduct of union representation elections.  According to the Board, the proposed amendments are identical to the changes first proposed in June of 2011.  Indeed, the NPRM appearing… Continue Reading