Since the beginning of July, there have been several important developments involving the National Labor Relations Board. Our memo provides a summary.
The appeals court has ruled that the National Labor Relations Board violated an employer’s due process rights in reinstating a worker-friendly misconduct standard without giving the employer an opportunity to express its views.
The Supreme Court has settled a federal circuit court split in a way that will make it less likely that employers will have to reinstate fired workers while the NLRB reviews unfair labor practice charges.
President Biden has submitted two nominations for seats on the five-member National Labor Relations Board, one a Democrat and the other a Republican. If the nominees are confirmed by the U.S. Senate before it adjourns for the year, pro-union Democrat
The Occupational Safety and Health Administration has issued a new regulation that will allow employees to designate a union representative to accompany an OSHA compliance officer during a workplace safety inspection.
A federal district court in Texas has ruled that a regulation issued last year by the Biden-appointed National Labor Relations Board majority regarding whether two entities can be considered “joint” employers exceeds common law limits, and cannot be
Even though the National Labor Relations Board has been around for almost 90 years, two companies are now pursuing litigation challenging the agency’s constitutionality.
MEMBER FEEDBACK REQUESTED. The U.S. Labor Department is proposing significant revisions to the federal government’s depression-era and badly outdated apprenticeship registration system. Rather than streamlining the program, however, the proposed chan
A divided three-judge panel of the D.C. Circuit Court of Appeals has affirmed a ruling by the National Labor Relations Board that an employee feedback program created by T-Mobile was an illegal company union.
The entity that coordinates federal procurement policy has issued a final rule implementing a 2022 Executive Order issued by President Biden that essentially mandates the use of union labor on major federal construction projects.
A new Memorandum issued by President Biden to Executive Branch agencies calls on them “to pursue a whole-of-government approach to advancing worker empowerment and organizing, workers’ rights, and labor standards globally.”
An appeals court has ruled that the National Labor Relations Board went too far in ruling that non-union automaker Tesla’s policy of requiring employees to wear company-prescribed t-shirts violated federal labor law.
The National Labor Relations Board has postponed the effective date of its controversial new joint employment liability rule until February as it awaits rulings in two lawsuits that have been filed challenging the rule.
The number of so-called unfair labor practice charges filed with the National Labor Relations Board by workers and their union representatives has increased by 30% over the last two years. A worker-friendly NLRB is likely one of the reasons.
As expected, the Biden-appointed majority on the National Labor Relations Board has signed off on a new rule that will increase the likelihood that two separate employers can be found jointly liable for violations of the National Labor Relations Act.
The Biden-appointed majority on the National Labor Relations Board is continuing to reshape federal labor law with a pro-union tilt by reversing more management-friendly rulings that were issued by the Trump-era Board.
The Biden-appointed majority on the National Labor Relations Board has issued a final rule intended to speed up union representation elections. The rule undoes procedures put in place by the Trump-era Board in 2019 and is expected to work to the bene
MEMBER FEEDBACK REQUESTED. The Occupational Safety and Health Administration is proposing to reinstate a policy that was found unlawful during the Obama Administration that would allow labor union officials to accompany an OSHA inspector during a wor
In a ruling that comes as no surprise, the National Labor Relations Board has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law.
An employer that is required to file a disclosure with the Labor Department’s Office of Labor-Management Standards regarding payments to anti-union consultants will now have to indicate whether it is a federal contractor, under revisions made by DOL
In a decision that CWC predicted, the Biden-era National Labor Relations Board has issued a ruling that will make it more likely that a worker will be considered an employee for purposes of the National Labor Relations Act.
The National Labor Relations Board’s General Counsel has issued a memorandum to the NLRB’s enforcement personnel taking the view that non-compete agreements violate federal labor law, and asking the field to find a case to prosecute.
The High Court has ruled that a labor union that failed to mitigate the risk of harm to an employer’s property during a sudden work stoppage can be sued for damages in state court, concluding that the strikers’ actions were not protected by federal l
Former union official and current National Labor Relations Board General Counsel Jennifer Abruzzo is continuing to exert her influence in reshaping federal labor law to make it more employee friendly.
The National Labor Relations Board has ruled that federal labor law gives considerable protection to workers who make offensive statements while engaging in protected conduct. The ruling reverses a decision issued by the Trump-era Board that articula
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