Archives: NLRB

A Hard Rain About to Fall? House Committee Details Proposed Changes to Federal Labor Law

By Todd Dawson and Christian White on September 14, 2021 Posted in Biden Administration, NLRB

If you hear a clinking noise in the distance, that may be the sound of organized labor hoisting its mugs to toast the Democratic majority in Congress. The House of Representatives’ Committee on Education and Labor announced a number of proposed changes last week to the National Labor Relations Act, which House and Senate Democrats … Continue Reading

Dancing to a Different Tune: DC Circuit Gives Labor a Win by Striking Down Trump-Era Property Access Standard

By Todd Dawson and Christian White on September 9, 2021 Posted in NLRB

(NLRB) Trump-era test for determining when a property owner may exclude a contractor’s off-duty employees from its premises. Local 23, Am. Fed’n of Musicians v. N.L.R.B., No. 20-1010, 2021 WL 3869824 (D.C. Cir. Aug. 31, 2021). On Aug. 31, the United States Court of Appeals for the District of Columbia Circuit rejected the National Labor Relations Board’s … Continue Reading

Not So Fast … the NLRB’s New General Motors Standard Isn’t a Rubber Stamp for Discipline in Cases Involving Offensive Speech

By Christian White on September 3, 2021 Posted in NLRB

On Aug. 25, 2021, the National Labor Relations Board (NLRB) issued a decision applying its new standard for cases where an employee is disciplined for using offensive speech in the course of engaging in protected labor activity. The board initially announced the new standard in its General Motors decision issued in July 2020. In summary, … Continue Reading

Caution Signs Ahead: New NLRB General Counsel Memo Offers a Surprising (and Alarming) Road Map of Plans and Priorities

By Todd Dawson on August 23, 2021 Posted in NLRB

New National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo appears ready and willing to help deliver on President Joe Biden’s promise to be “the most pro-union president [we’ve] ever seen.” Abruzzo issued a recent memorandum listing various types of cases on which the NLRB’s regional directors will be required to seek guidance during her … Continue Reading

A Brave, New World? Recent NLRB Rulings Concerning Mail Ballot Elections May Be The Beginning Of A New Era In Board Elections

By Todd Dawson and Carlos Torrejon on August 16, 2021 Posted in NLRB

Since the onset of the COVID-19 pandemic in March 2020, unions and employers alike have had to adjust to a “new normal” of mail ballot NLRB elections. Under normal circumstances, the NLRB’s preferred and standard method for conducting elections is in person, usually at the employer’s facility and – depending on the size of the … Continue Reading