Ronald Meisburg

Firm/Organization: Hunton Andrews Kurth LLP

Blogs: Hunton Employment & Labor Perspectives, Hunton Retail Law Resource

Latest Articles

The NLRB Rules Mandatory Arbitration Agreement As Overbroad

February 10, 2020

In Country Wide Financial Corporation, 369 NLRB No. 12 (2020) (Countrywide), the National Labor Relations Board (“Board”) ruled that an mandatory arbitration agreement violated the National Labor Relations Act (the “Act”) because it restricted an employees’ ability to file and pursue unfair labor practice charges before the Board.…

Hunton Employment & Labor Perspectives

The NLRB Revises its Election Regulations to the Benefit of Employers

By J. Marshall Horton, Ronald Meisburg & Kurt G. Larkin

December 19, 2019

Yesterday, the National Labor Relations Board published a final rule modifying its representation case procedures. The final rule takes effect April 17, 2020, and scales back—but does not completely undo—the changes to election regulations instituted by the Obama-era’s Board that have caused employers heartburn since 2015. Those changes effectively sped up the election process and cut down on employers’ ability to litigate many important legal issues prior to voting, putting employers at a disadvantage.…

Hunton Employment & Labor Perspectives

The NLRB Rules that Unpaid Interns Are Not Employees Under the Act

By Truc Yung & Ronald Meisburg

December 2, 2019

In Amnesty International of the USA, Inc., 368 NLRB No. 112 (2019), a number of paid staff of the nonprofit advocacy group joined a petition circulated by Amnesty’s unpaid interns, seeking compensation of their volunteer work. In response to the petition, the director of the organization made statements that she was “disappointed” that the signers of the petitioners had not availed themselves of the organization’s open door policy to discuss the matter with her…

Hunton Employment & Labor Perspectives

D.C. Circuit Upholds NLRB’s “Perfectly Clear” Successor Doctrine

By Michael Reed & Ronald Meisburg

September 11, 2019

On September 3, 2019, in First Student, Inc. v. NLRB, __ F.3d __ (D.C. Cir. 2019), the court upheld the National Labor Relations Board’s application of the “perfectly clear” doctrine in First Student Inc. v. NLRB, 366 NLRB No. 13 (February 6, 2018). The “perfectly clear” doctrine affects the right of a labor law successor, which acquires a unionized business, to set new terms and conditions of employment. Thus, it can have an…

Hunton Employment & Labor Perspectives

Labor Board Continues Trend of Protecting Property Rights

By Gary Enis & Ronald Meisburg

September 9, 2019

Labor and employment_group of construction workers

A recent decision by the National Labor Relations Board is another in a string of decisions where the Trump-appointed Board has attempted to rebalance a property owner’s rights with the rights under Section 7 of the National Labor Relations Act of those individuals who work on the property. In Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019), the Board overruled its previous precedent and held…

Hunton Employment & Labor Perspectives

The NLRB Issues Major Class Action Waiver/Mandatory Arbitration Ruling

By Truc Yung & Ronald Meisburg

August 27, 2019

arbitration agreement and gavel_1200x675

In Cordúa Restaurants, Inc., 368 NLRB No. 43 (2019), the National Labor Relations Board (“Board”) issued its first major decision following the Supreme Court’s 2018 ruling in Epic Systems, addressing a number of issues of first impression and providing guidance on the permissible scope and implementation of class action waivers. In Cordúa, a group of employees had filed a collective action under the FLSA. In response, the employer promulgated and maintained a…

Hunton Employment & Labor Perspectives

NLRB Adopts New Framework in Cases of Employer Withdrawal of Union Recognition

By Truc Yung & Ronald Meisburg

July 17, 2019

In Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), the NLRB adopted a new framework for determining a union’s representative status once an employer has made a lawful anticipatory withdrawal of recognition based on disaffection evidence that the union has lost its majority status. Specifically, under Johnson Controls, a union seeking to demonstrate that it has reacquired majority status must do so in a secret ballot election conducted by the Board, rather…

Hunton Employment & Labor Perspectives

NLRB Rules That Employer’s Exclusion of Union Employees From Paid Holiday Granted to Non-Union Employees is Lawful

By Truc Yung & Ronald Meisburg

June 19, 2019

Labor and Employment_warehouse team walking

The Board’s recent decision in Merck, Sharp, & Dohme Corp., 367 NLRB No. 122 (May 7, 2019) highlights the differences that can arise as a result of the collective bargaining process in the terms and conditions of employment for employers with a divided workforce of non-union and union-represented employees. In Merck, the Board majority reversed the Administrative Law Judge’s ruling that the employer had violated Section 8(a)(3) and (1) by offering a new, one-time…

Hunton Employment & Labor Perspectives

D.C. Circuit Upholds Joint Employer Rule, Leaves Room for Changes through Rulemaking

By Reilly C. Moore, Kurt G. Larkin & Ronald Meisburg

January 8, 2019

The National Labor Relations Board’s current joint employer standard received a mixed review from a federal circuit court late last month, providing some guidance on how courts may evaluate the Board’s ongoing rulemaking efforts.…

Hunton Employment & Labor Perspectives

New General Counsel Memorandum Reiterates The NLRB’s Policy of Increased Scrutiny of Unions

By Sara Hamilton & Ronald Meisburg

October 26, 2018

It’s now officially public: under the National Labor Relations Board’s (NLRB) General Counsel Peter B. Robb, unions may face greater scrutiny and a higher burden in defending against claims that they violated the duty of fair representation. Under the National Labor Relations Act, unions owe this duty to its members and can be liable under Section 8(b)(1)(A) if they represent them arbitrarily, discriminatorily, or in bad faith.…

Ronald Meisburg

The NLRB Rules Mandatory Arbitration Agreement As Overbroad

The NLRB Revises its Election Regulations to the Benefit of Employers

The NLRB Rules that Unpaid Interns Are Not Employees Under the Act

D.C. Circuit Upholds NLRB’s “Perfectly Clear” Successor Doctrine

Labor Board Continues Trend of Protecting Property Rights

The NLRB Issues Major Class Action Waiver/Mandatory Arbitration Ruling

NLRB Adopts New Framework in Cases of Employer Withdrawal of Union Recognition

NLRB Rules That Employer’s Exclusion of Union Employees From Paid Holiday Granted to Non-Union Employees is Lawful

D.C. Circuit Upholds Joint Employer Rule, Leaves Room for Changes through Rulemaking

New General Counsel Memorandum Reiterates The NLRB’s Policy of Increased Scrutiny of Unions

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