NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

By Steven M. Swirsky, Corey P. Argust & Eric Emanuelson

November 18, 2019

One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration was the movement to allow representation elections in what were commonly referred to as “micro-units,” which many believed made it easier for unions to score victories and gain bargaining rights. The Board’s recent decision in Boeing Co. and …

Management Memo

Bill Aimed at Removing Authority from NLRB Introduced in the Senate

By Corey P. Argust

October 31, 2019

On October 24, 2019, Senator Mike Lee (R-UT) introduced the Protecting American Jobs Act. The bill, cosponsored by Senators Tom Cotton (R-AR), Rand Paul (R-KY), Marsha Blackburn (R-TN), Ted Cruz (R-TX), and Marco Rubio (R-FL), would significantly amend the National Labor Relations Act (“NLRA”) by removing much of the authority currently held by the National Labor Relations Board (“NLRB” or “Board”). Under the NLRA, the Board’s General Counsel is responsible for investigating unfair labor…

Management Memo

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by Collective Bargaining Agreements

By Corey P. Argust & Michael S. Ferrell

October 8, 2019

As summer turned to fall, the National Labor Relations Board (“NLRB” or the “Board”) issued a steady stream of decisions with significant and favorable implications for employers. In the flurry of recent decisions, the Board addressed misclassification of workers as independent contractors, employers’ rights to control access to private property (Tobin Center for Performing Arts, UPMC, and Kroger Mid-Atlantic), the right to impose class action waivers in the wake of …

Management Memo

NLRB Responds to Congressional Inquiry Regarding Proposed Joint-Employer Rule

By Corey P. Argust

March 29, 2019

Since 2015, employers have faced continued uncertainty regarding which standard the National Labor Relations Board (“NLRB” or the “Board”) will apply when determining joint-employer status under the National Labor Relations Act (“NLRA”). Businesses utilizing contractors and staffing firms or operating in partnering arrangements, as well as those engaged in providing temporaries and other contingent workers, have faced a moving target before the Board when it comes to potential responsibility in union recognition, bargaining obligations, and…

OSHA Law Update

OSHA Proposes to Roll Back Requirements from Electronic Reporting Rule

By Corey P. Argust

August 8, 2018

On July 30, 2018, the Occupational Safety and Health Administration (“OSHA”) published a notice of proposed rulemaking aimed at rolling back electronic reporting requirements that were implemented under a rule issued during the Obama administration (“Electronic Reporting Rule”). The Electronic Reporting Rule required employers with 250 or more employees, as well as employers in high risk industries, to electronically submit OSHA Form 300A (annual summary of work-related injuries and illnesses) by the end of 2017,…

Corey P. Argust

NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

Bill Aimed at Removing Authority from NLRB Introduced in the Senate

In Adopting “Contract Coverage” Standard, NLRB Gives Employers Greater Flexibility to Act Unilaterally on Subjects Encompassed by Collective Bargaining Agreements

NLRB Responds to Congressional Inquiry Regarding Proposed Joint-Employer Rule

OSHA Proposes to Roll Back Requirements from Electronic Reporting Rule

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