The Practical NLRB Advisor: Summer 2019

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.

The Practical NLRB Advisor: Spring 2019

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.

The Practical NLRB Advisor: Winter 2018

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the winter 2018 issue of the Practical NLRB Advisor. This issue examines how the National Labor Relations Board (NLRB) is moving forward after a slow start during the Trump administration’s first year in office—in which it took nearly nine months to realize a short-lived Republican majority.

NLRB’s New “Ambush Election” Rules Go Into Effect: Is Your Organization Ready?

On April 14, 2015, after a four-year battle, the National Labor Relations Board’s (NLRB) final “ambush election” rules, which will dramatically shorten the time between requests for a vote and a union election, go into effect. The controversial new rules will significantly alter the timing of union representation elections supervised by the NLRB and will tilt the elections in unions’ favor. The rules also strip employers of a number of rights related to the representation case process.

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).

NLRB to Decide Whether Northwestern’s Scholarship Football Players Are Students or Employees

Late this afternoon, the National Labor Relations Board (NLRB) in Washington, D.C. granted the request for review (i.e., an appeal) filed by Northwestern University in the much-watched case involving the status of Northwestern’s grant-in-aid scholarship football players. Northwestern is asking the NLRB to review and reverse the decision of the…..

NLRB Reissues “Ambush Election” Rules On Steroids

Today, the National Labor Relations Board (NLRB) announced its intention to reissue a Notice of Proposed Rulemaking (NPRM) for what has become known as the “ambush election” rules governing the procedures for union representation elections. Thus, once again the NLRB will pursue rulemaking to bring about “quickie” union elections, reducing the time available for employers to help employees obtain the information they need to make an informed decision about unionization, and making union representation campaigns far easier for unions to win.

OSHA Signals an Increased Focus on Hospital Industry

On January 15, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) launched a new, online compliance assistance tool for hospitals called, “Worker Safety in Hospitals: Caring for our Caregivers.” While OSHA’s stated objective for this resource is commendable—to help hospitals enhance worker safety—the information includes some…..

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking employee witness statements collected during a workplace investigation. Section 8(a)(5) of the National Labor Relations Act (Act) creates a…..

Solicitation And Distribution: Who Can Do What, When And Where?

The potential last year for passage of the Employee Free Choice Act (EFCA) led many employers to ask: What actions should we take to prepare for increased union organizing? While EFCA, in its original form, appears dead for now, that is still a timely question. In fact, unions have elevated their levels of organizing activity as they realize they can no longer wait for new organizing rules.