NLRB

The Winds Keep Blowing: Miscimarra's Final Days with the NLRB Produce More Change for Employers
December 18, 2017
Last week we issued two alerts covering the winds of change blowing at the NLRB. The strong winds continued on Friday, December 15 as the Board overruled two more decisions: one addressing an employer’s duty to bargain; the other addressing the proper analysis for determining appropriate voting units in union elections.
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The NLRB Brightens the Season with Multiple Employer-Friendly Decisions Before the New Year
December 17, 2017
As has been anticipated since the change in presidential administrations earlier this year, the National Labor Relations Board, with a Republican majority, issued a slew of impactful and employer-friendly decisions in recent days.
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Gale Force Winds of Change: National Labor Relations Board Reverses Course on Workplace Rules and Joint Employer Standards
December 14, 2017
The newly-constituted NLRB dismantled two earlier cases that were the subject of extensive employer criticism.
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What Could the New NLRB General Counsel Mean for Employers?
December 12, 2017
For the last eight years, the Obama-era National Labor Relations Board has issued decisions that have shocked and frustrated employers.
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Recent NLRB Actions Signal the Winds of Change Are Blowing: The NLRB Requests Information on Controversial "Quickie Election" Rules and Issues Its First Reversal of Obama-Era Policy
December 12, 2017
Recently, the U.S. Senate confirmed two Republicans to the National Labor Relations Board, resulting in a Republican majority on the Board for the first time in ten years, and a new NLRB General Counsel, management-side labor lawyer Peter Robb. Swift changes followed, and more are likely.
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The Light at the End of the NLRB’s Tunnel?
December 5, 2017
As my colleagues know, I have been unbelievably frustrated over the past eight years about the National Labor Relations Board’s (overly) aggressive pro-union approach.
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Peter Robb Sworn In As NLRB General Counsel
November 19, 2017
Attorney Peter B. Robb was sworn in for a four-year term as General Counsel of the National Labor Relations Board last Friday.  Mr. Robb was nominated by President Trump and was confirmed by the U.S. Senate earlier this month.
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NLRB Update - Senate Confirms Appointment Of Former Management-Side Labor Lawyer
September 26, 2017
Monday, the U.S. Senate confirmed William J. Emanuel to join the National Labor Relations Board ("NLRB").  Mr. Emanuel is the second of President Trump's appointees to the NLRB, which has in recent years been operating with only three Board members.
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DOJ Argues Against Itself in Conflict over Arbitration Agreements and Class Action Waivers
September 19, 2017
“To waive or not to waive” is a rather simplistic version of the question that the U.S. Supreme Court is currently being faced with in the following cases: Epic Systems Corporation v. Lewis; Ernst & Young LLP et al v. Morris et al; and National Labor Relations Board v. Murphy Oil USA, Inc. et al.
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The Latest On NLRB Appointees
August 14, 2017
The National Labor Relations Board (NLRB) is made up of five Members who are appointed by the President to five-year terms, with U.S. Senate consent.  For the last several years, however, the Board has been operating with only three Members.
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The NLRB Thinks High School Sports Referees Can Unionize
July 19, 2017
I became the commissioner of my daughter’s county basketball league when she was nine.  No one else would “step up.”  The prior year, a player had slapped another player in the handshake line at the end of a game in retribution for rough play (by an 8-year-old girl!) and no game commissioner was there to intervene.
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Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace
June 19, 2017
With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from management.
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