As this blog previously discussed, the NLRB resumed union elections in April of this year after taking a short COVID-19-related hiatus in March.  Thereafter, the NLRB’s General Counsel provided suggested safety protocols for conducting in-person manual elections.  Now, the NLRB itself has spoken in its first decision on how to determine whether an election should be conducted by mail-ballot or by in-person, “manual” ballot. Although Regional Directors are afforded discretion in determining whether a manual…

This blog previously discussed the NLRB’s dismissal of virus-related charges.  The NLRB General Counsel, however, recently released a new memorandum summarizing cases related to Covid-19 where the NLRB found the virus-related issues had merit and pursued litigation. Because the cases are still in active litigation, the memo merely summarizes the facts of the cases.  It does not identify the employers involved.  The memo covers six different issues.  It is important to note that the employer’s…

The regional offices no longer need approval from the NLRB headquarters to schedule remote hearings for most unfair labor practice complaints.  Last week, the Office of the General Counsel released a memorandum instructing the regional offices to hold remote hearings for most ULP matters.  The memorandum also indicated that, effective immediately, any pending requests for remote hearings are granted. The General Counsel’s action comes on the heels of two NLRB decisions in which a party…

In a positive series of events for employers, the General Counsel’s Division of Advice called for the dismissal of five different coronavirus-related charges against employers.  The GC’s office sent memos to regional NLRB offices directing them to dismiss specific cases, all of which were labor disputes sparked by the pandemic.  All charges were either dismissed or withdrawn, giving employers helpful insight into the agency’s view on coronavirus-related disputes. The following five charges were dismissed: A…

Employees probably just lost the ability to tell their boss to f*** off.  When considering an employee’s protected activity, the NLRB recently changed its tune on how it analyzes employer discipline—and an employee engaging in abusive conduct does not have the same protections the employee once did. The NLRB announced this change of tune in last Tuesday’s General Motors decision.  Before General Motors, the NLRB held in numerous cases that an employer could violate the…

After the COVID-19 pandemic caused a temporary suspension of both in-person and mail ballot labor union elections, the NLRB permitted elections to resume in early April.  On Tuesday, July 6, the General Counsel issued guidance addressing suggested safety protocols for conducting manual elections.  As the COVID-19 pandemic continues to evolve, the General Counsel acknowledged the pandemic’s varying impact on different localities.  With this in mind, the General Counsel empowered Regional Directors to make election decisions…