What a difference a day can make. On the first day of the Biden administration, the President gave the General Counsel of the National Labor Relations Board until 5 p.m. to resign or be fired. GC Peter Robb (R) declined
Continue Reading General Counsel Controversy Erupts, and New NLRB Chairman Appointed
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Part 5: Will the Federal Government Take Over the UAW?
Last week, the UAW and the U.S. Justice Department reached an agreement to end the criminal investigation into the UAW. Twelve former UAW officials have been convicted of embezzling UAW-Chrysler training funds and UAW dues money and are serving time
Continue Reading Part 5: Will the Federal Government Take Over the UAW?
COVID-19-Related Situations Supporting Mail-Ballot Union Elections
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
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Employers Take Note: Covid-19-Related Actions that Will Get the Attention of the NLRB
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
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Unionization in Unusual Places: Political Campaigns
If you think unions only organize manufacturing plants and construction sites, think again.
With the 2020 election year in full swing, unions continue to form among Democratic political campaign staffers. These political staffers are using their party’s pro-union stance as
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Remote Hearings are New Default for Unfair Labor Practice Complaints
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
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A Series of Dismissals Occur in Virus-Related NLRB Charges Against Employers
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,
Continue Reading A Series of Dismissals Occur in Virus-Related NLRB Charges Against Employers
NLRB Gives Employers Greater Ability to Discipline Abusive Conduct
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
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NLRB Suggests Safety Protocols for In-Person Union Elections
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
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NLRB Affirms that Employers May Prohibit Employees from Discussing Ongoing Investigations
Hard to believe these days, but non-Covid-19-related developments do still pop up from time-to-time. Last week, the NLRB gave us one on an issue the employer community has closely watched: whether an employer can instruct employees to keep an open
Continue Reading NLRB Affirms that Employers May Prohibit Employees from Discussing Ongoing Investigations