Labor Relations Today

Labor Relations Today

Category Archives: Obama Board Reversal

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NLRB Seeks to Tackle Joint Employer Issue Through Rulemaking Process

Posted in Joint Employer, NLRA, NLRB Rule-Making, Obama Board Reversal
On September 14, 2018, the National Labor Relations Board published a Notice of Proposed Rulemaking in the Federal Register regarding its joint-employer standard. The  Proposed Rule seeks to overrule the Board’s 2015 joint-employer decision in Browning-Ferris and replace it with the following in the NLRB’s Rules and Regulations: An employer, as defined by Section 2(2) of the National… Continue Reading

John Ring Sworn In, Board Back To Full Complement…..Or Is It?

Posted in NLRB Administration, Obama Board Reversal, Senate
Labor lawyer John Ring was sworn in today as Chairman of the National Labor Relations Board for a term ending on December 16, 2022.  The Board’s announcement includes the following remarks from the new Chairman: “I thank the President for the opportunity to serve as Chairman of the NLRB,” Ring said. “I am honored to serve… Continue Reading

National Labor Relations Board Vacates Earlier Decision Overruling Browning-Ferris Joint Employer Standard

Posted in Joint Employer, NLRB Administration, NLRB Decisions, Obama Board Reversal
In Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Dec. 14, 2017), a three-Member majority of the Board overruled Browning Ferris Industries of California, 362 NLRB No. 186 (2015) and announced a return to the Board’s long-standing analysis for determining joint employment relationships.  On February 9, 2018, however, the Board’s Office of Inspector General (OIG)… Continue Reading

Labor Relations Today Issues ‘Labor Law 2017: Year in Review’

Posted in Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracts, House of Representatives, Joint Employer, Legislative Strategy, Micro Units, MLA Media, Negotiations, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Obama Board Reversal, Persuader Rules, Presidential Appointments, Representation Elections, Right to Work, SCOTUS, Senate, Social Media, Unfair Labor Practices, Unions, White House, Workplace Rules
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Relations 2017: Year in Review. As a new administration took the reins for the first time in eight years, employers, employees, unions, labor lawyers and observers alike all wondered what to expect from President Donald J. Trump.  Would he govern much… Continue Reading

Busy Board Overrules Specialty Healthcare; Restores Traditional Community of Interest Standards Disfavoring Micro-Units

Posted in Expedited Elections, Micro Units, NLRB Decisions, Obama Board Reversal, Representation Elections
National Labor Relations Board Chairman Phil Miscimarra’s term expired today, but he did not coast into “retirement.”  In addition to the late flurry of decisions which include the Board’s overruling of the Browning-Ferris joint employer standard and the Lutheran Heritage Village-Livonia standard used recently to attack neutral workrules, the Board today issued a decision undoing the radical… Continue Reading

National Labor Relations Board Restores Longstanding Joint Employer Rules

Posted in Joint Employer, NLRB Decisions, Obama Board Reversal
In the closing days of Chairman Miscimarra’s term, the Board has restored the longstanding rules for finding joint employment that were cast aside by the Obama Board in the 2015 Browning-Ferris decision. In Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (Dec. 14, 2017), the Board overruled Browning-Ferris Industries of California, Inc., dba BFI Newby… Continue Reading

National Labor Relations Board Overrules Lutheran Heritage; Sets New Standard For Reviewing Work Rules Unrelated to Protected Activity

Posted in NLRB Decisions, Obama Board Reversal, Uncategorized, Unfair Labor Practices, Workplace Rules
As is often the case when a Board Member’s term winds down, this week has seen a flurry of activity.  Back in May, when nominations to seat a full Board were still just being rumored, we identified a handful of the more extreme and overreaching decisions of the Obama Board certain to find themselves in… Continue Reading

Peter Robb Confirmed as National Labor Relations Board General Counsel

Posted in NLRB Administration, Obama Board Reversal, Senate, White House
By a party-line 49-46 vote, the Senate voted yesterday to confirm the nomination of Vermont labor lawyer Peter Robb to serve as the next General Counsel of the National Labor Relations Board.  Robb replaces former union lawyer Richard Griffin whose term ran from November 2013 until last month. (Longtime Board official Jennifer Abruzzo has been… Continue Reading

Vote Expected Next Week on Peter Robb’s Nomination as Board General Counsel

Posted in NLRB Administration, Obama Board Reversal, Presidential Appointments, Senate
Senate Majority Leader Mitch McConnell filed a motion for cloture today on the nomination of Peter Robb to serve as the next General Counsel of the National Labor Relations Board.  A vote is expected on his nomination — which will likely be approved with a largely partisan margin — on Monday, November 6, 2017.  Former General Counsel… Continue Reading

National Labor Relations Board Has Five Members, As Republican William Emanuel Sworn In

Posted in NLRB Administration, Obama Board Reversal, Presidential Appointments
William J. Emanuel was sworn in on September 27, 2017, to his seat on the National Labor Relations Board, days after his confirmation by the Senate.  Member Emanuel succeeds outgoing Member Kent Y. Hirozawa, who served for three years, and temporarily shifts the balance of the Board in favor of Republican appointees. According to the Board’s… Continue Reading

National Labor Relations Board Now Has Four Of Five Seats Filled

Posted in NLRB Administration, Obama Board Reversal, Presidential Appointments
Marvin Kaplan was sworn in today to his seat on the National Labor Relations Board.  Mr. Kaplan was confirmed by the Senate on August 2, 2017, and will serve a term which lasts until August of 2020. According to the Board’s press release: Board Member Kaplan has selected James R. Murphy to serve as his… Continue Reading

House Committee On Education And The Workforce Approves Three Bills To Amend National Labor Relations Act

Posted in Expedited Elections, House of Representatives, Legislation, Micro Units, NLRA, NLRB Decisions, NLRB Rule-Making, Obama Board Reversal, Representation Elections, Senate
Following a June 14, 2017 subcommittee hearing, and a June 27, 2017 mark-up, the House Committee on Education and the Workforce has approved the Tribal Labor Sovereignty Act of 2017 (H.R. 986), the Workforce Democracy and Fairness Act (H.R. 2776), and the Employee Privacy Protection Act (H.R. 2775).  All three bills were approved by a… Continue Reading

President Announces Final National Labor Relations Board Nominee

Posted in NLRB, NLRB Administration, Obama Board Reversal, Presidential Appointments
President Trump has announced his intention to nominate William J. Emanuel to the final remaining vacant seat at the National Labor Relations Board.  The announcement, posted on the White House website amidst seventeen assorted nominations and appointments, reads simply: William J. Emanuel, of California, to be a Member of the National Labor Relations Board for the term of five years expiring August… Continue Reading

Senate Introduces Own Version Of Bill To Restore National Labor Relations Board Election Procedures

Posted in Expedited Elections, House of Representatives, Legislation, Micro Units, NLRA, NLRB Decisions, NLRB Rule-Making, Obama Board Reversal, Senate
On Wednesday, June 14, 2017, Senator Lamar Alexander (R-TN) announced introduction of The Workforce Democracy and Fairness Act (S. 1350): A bill to amend the National Labor Relations Act with respect to the timing of elections and pre-election hearings and the identification of pre-election issues, and to require that lists of employee eligible to vote in organizing elections… Continue Reading

Republican Lawmakers Introduce Three House Bills To Roll Back National Labor Relations Board Quickie Election Rules

Posted in House of Representatives, Legislation, NLRB Rule-Making, Obama Board Reversal, Representation Elections
A trio of bills has been introduced in the House of Representatives to amend the National Labor Relations Act in an effort to roll back some of the more aggressive changes to the union representation election process implemented by the Obama Board.  The Workforce Democracy and Fairness Act (H.R. 2776), Employee Privacy Protection Act (H.R.… Continue Reading

U.S. Department of Labor Begins Process To Rescind Obama Administration’s “Defective” Persuader Rule Overhaul

Posted in Department of Labor, Federal Court Litigation, Obama Board Reversal, Persuader Rules
Secretary of Labor Alexander Acosta has formally initiated the process for rescission of the 2016 DOL regulations narrowing the “advice exemption” to the LMRDA’s so-called “persuader rule.” The Office of Management and Budget’s website confirms the May 22, 2017 receipt of a DOL directive entitled, “Rescission of Rule Interpreting “Advice” Exemption in Section 203 (c) of the… Continue Reading

President Trump To Name Two Labor Attorneys To Fill National Labor Relations Board Vacancies

Posted in NLRB Administration, Obama Board Reversal, Presidential Appointments, Senate
Bloomberg reports that the Trump Administration plans to name attorneys Marvin Kaplan and William Emanuel to fill the two vacant member seats on the National Labor Relations Board.  According to the report, sources indicate that these two are currently under the routine FBI review process for executive branch nominees, and the administration expects to formally advance the… Continue Reading

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