Part one of this two-part series covered changes to U.S. labor law policies that employers can expect to see with the new administration. Part two is a brief summary of the most prevalent issues in current labor law and their likely disposition under a new Biden administration and National Labor Relations Board (NLRB).
The election of Joseph R. Biden Jr. to the White House, a long-time vocal supporter of organized labor, coupled with control of both houses of the U.S. Congress by the traditionally labor-friendly Democratic Party, is the prelude to changes on the labor law front, a number of which are potentially significant. (Note that following Democratic victories in both Georgia runoff races, the U.S. Senate is technically split 50-50. However, in case of a tie vote in the Senate, Vice President Kamala Harris is constitutionally empowered to cast a tie-breaking vote. Thus, Democrats have control of the upper chamber, albeit by a very slim margin.) The two major engines of this anticipated change will be the U.S. Congress, most especially the U.S. Senate, and the National Labor Relations Board (NLRB). Part one of this two-part series regarding labor law policy and the new administration discusses these anticipated labor law changes.
At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice President Kamala D. Harris presiding as president of the U.S. Senate), the legislative branch of the U.S. government for the first time since 2011. While that transition will, no doubt, impact a great many national and global issues, the focus of this article is the potential impact that this dynamic will have on U.S. labor law and policy.
President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on that pledge, it is being reported that one of his first acts as president (the email taking this action was apparently sent at 12:23 p.m. on January 20, 2021) was to ask for the resignation of National Labor Relations Board General Counsel Peter Robb. The president apparently gave Robb until 5 p.m. on January 20, 2021, to resign or be fired.
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.
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.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On June 16, 2017, Ogletree Deakins filed an amicus brief in the class action waiver cases that are currently before the Supreme Court of the United States: National Labor Relations Board v. Murphy Oil USA, Inc., Epic Systems Corp. v. Lewis, and Ernst & Young LLP v. Morris.
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).
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.
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).
The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of the new rules yields some interesting information for retail and hospitality employers.
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…..
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.
Ogletree Deakins is pleased to announce the formation of its Retail Practice Group— comprised of a diverse group of attorneys who are experienced in advising and representing retailers in a wide range of labor and employment matters. The attorneys in our Retail Practice Group work with retailers throughout the country…..
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.
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).
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…..
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.