Emanuel’s Confirmation Launches a New Era at the NLRB

September 25, 2017, marks a significant turning point in the recent saga of the National Labor Relations Board (NLRB). Eight months into the Trump administration, the U.S. Senate confirmed William J. Emanuel to fill the long-vacant and tie-breaking fifth seat on the Board.

Sixth Circuit Adopts NLRB’s D.R. Horton Rule and Deepens Circuit Split on Class Action Waivers

The Sixth Circuit Court of Appeals—apparently unable to wait a few months for the Supreme Court of the United States to rule on the issue—has now cast its lot with the National Labor Relations Board (NLRB) and the Seventh and Ninth Circuits in finding class action waivers in employment arbitration agreements unlawful under the National Labor Relations Act (NLRA).

NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (August 27, 2015). The decision establishes a new standard for determining when two entities are a single “joint employer” over a group of workers.

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E. Hayes (now an Ogletree Deakins shareholder). But if anyone doubted the value of a well-written dissent, they need only look to the July 10, 2015 decision of the District of Columbia Circuit Court of Appeals in Southern New England Telephone Company v. National Labor Relations Board, in which the court reversed the Board majority and adopted Hayes’ dissenting opinion in the NLRB’s 2011 decision, The Southern New England Telephone Company d/b/a AT&T Connecticut, 356 NLRB No.118 (2011).

NLRB Implements New “Ambush Election” Rules

On December 12, 2014, the National Labor Relations Board (NLRB) implemented a final rule amending the agency’s representation-case procedures. The long-anticipated “ambush election” rules, which govern the procedures for union representation elections, go into effect on April 14, 2015. The new rules arguably constitute the most sweeping regulatory change ever…..

NLRB Issues "Ambush Election" Rules—Union Elections Now Likely to Occur in Less than 21 Days

On December 12, 2014, the National Labor Relations Board (NLRB) implemented the long- anticipated “ambush election” rules, which govern the procedures for union representation elections. The new rules go into effect on April 14, 2015 and arguably constitute the most sweeping regulatory change ever implemented by the Board.

Supreme Court Holds NLRB Member Recess Appointments Unconstitutional

This morning, in National Labor Relations Board v. Noel Canning, the Supreme Court of the United States concluded that the recess appointments of former National Labor Relations Board (NLRB) members Sharon Block, Terence F. Flynn, and Richard F. Griffin, Jr. made on January 4, 2012, were unconstitutional. As a result, every decision issued by the Board between January 4, 2012, and July 30, 2013, is void.

Supreme Court Holds NLRB Member Recess Appointments Unconstitutional

This morning, in National Labor Relations Board v. Noel Canning, the Supreme Court of the United States concluded that the recess appointments of former National Labor Relations Board (NLRB) members Sharon Block, Terence F. Flynn, and Richard F. Griffin, Jr. made on January 4, 2012, were unconstitutional. As a result, every decision issued by the Board between January 4, 2012, and July 30, 2013, is void. National Labor Relations Board v. Noel Canning, No. 12–1281, Supreme Court of the United States (June 26, 2014).

Happy Labor Day!

The first Monday in September has been designated as “Labor Day”—a national holiday set aside to celebrate and commemorate the contributions that hardworking Americans have made to the prosperity and well-being of our country. As originally designed, it was to be celebrated by street parades to exhibit to the public…..

NLRB Votes To Change Representation Election Proceedings

On November 30, 2011, the National Labor Relations Board (NLRB) voted 2-1 in favor of changing representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the process for union representation elections, shortening the time from the filing of the election petition until the actual vote is held and thereby making it easier for unions to win elections and more difficult for employers to communicate with employees prior to the vote.