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One of the more significant reforms made by the National Labor Relations Board (NLRB) under the leadership of President Barack Obama’s appointees were the modifications made to the representation-case procedures. These regulations became known to many as the “quickie” or “ambush” election regulations and, as those names suggest, resulted in union representation elections being held in shorter periods of time and consequently often caused employees to have to decide the question of union representation without the time needed to fully evaluate that important decision.

In a recent decision, a majority of the National Labor Relations Board (NLRB) overturned an administrative law judge’s (ALJ) finding that an employer’s confidentiality rule and media rule violated the National Labor Relations Act (NLRA). Applying the balancing test articulated in The Boeing Company, 365 NLRB No. 154 (2017), for the first time, the NLRB emphasized that a work rule is lawful if, when reasonably interpreted, it does not interfere with rights protected by the NLRA.

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new framework for determining whether an incumbent union has lost the support of a majority of bargaining unit members in circumstances where the employer informs the union that it will withdraw recognition when the current agreement expires.

Coming on the heels of its decision in Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019) in which the Board rebalanced the rights of property owners versus Section 7 rights of employees during a labor dispute, the National Labor Relations Board (NLRB) recently issued another pro-employer decision.

Reversing among its most controversial lines of precedent, the National Labor Relations Board (NLRB) issued a decision on September 10, 2019, that significantly changes the legal standard to determine whether an employer with an existing collective bargaining agreement has a continuing duty to bargain as to particular matters.

On August 22, 2019, a three-member panel of the National Labor Relations Board (NLRB) ruled unanimously in favor of the Pittsburgh Post-Gazette, dismissing an unfair labor practice charge filed by seven unions that represent newspaper employees.

On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute.

On August 12, 2019, the National Labor Relations Board (NLRB) will publish a notice of proposed rulemaking (NPRM) with regard to certain of its election and recognition policies.

On May 7, 2019, the National Labor Relations Board issued a decision that will be welcomed by employers desiring to maintain differences in the benefits provided to their union and nonunion employees.

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the spring 2019 issue of the Practical NLRB Advisor. This edition provides a close look at the development of the independent-contractor standard at the National Labor Relations Board (NLRB). The NLRB’s recent decision on this issue—one of the most critical legal questions of the day, both in the context of traditional labor law and in employment law generally—marks yet another significant reversal of Obama-era NLRB decisional law.

In a long-awaited decision, United Nurses & Allied Professionals (Kent Hospital), issued on March 1, 2019, the National Labor Relations Board (NLRB) ruled that a private-sector union may not require nonmember objectors (also known as Beck objectors) to pay for its political lobbying expenses because lobbying falls outside the union’s “representational function.”

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2019 issue of the Practical NLRB Advisor.

On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy.

On December 7, 2018, National Labor Relations Board (NLRB) General Counsel Peter Robb issued General Counsel Memorandum 19-02, Reducing Case Processing Time (GC 19-02). The memorandum describes significant changes to unfair labor practice (ULP) charge investigations conducted by the agency’s regional offices.

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp. v. Lewis, which is destined to have a profound impact on the labor movement and on labor-management relations.