September 27, 2023
|
Category: Biden Administration

Biden-Era NLRB Continues To Give Federal Labor Law a Pro-Union Tilt

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) is continuing to give a pro-union tilt to federal labor law by reversing the Trump-era Board’s management-friendly rulings. With the Senate confirmation of Biden appointee Gwynne A. Wilcox to a second five-year term on September 6, 2023, the NLRB will have a union-friendly majority at least through...
Read More
September 13, 2023
|
Category: Labor Relations

NLRB Issues Rule To Speed Up Union Representation Election Process

The Biden-appointed majority on the National Labor Relations Board (NLRB or Board) has issued a final rule intended to speed up union representation elections. The rule removes several time-consuming steps put in place by the Trump-era Board and is expected to benefit unions seeking representation by giving employers less time to dissuade workers from forming or joining a union. The new...
Read More
September 12, 2023
|
Category: Agency Enforcement

OSHA Issues Proposal To Reinstate Controversial “Union Walkaround Policy”

The U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) has proposed revising its regulations to expressly permit employees to designate third parties, such as labor union officials, to accompany OSHA compliance officers on walkaround inspections of an employer’s workplace. The proposal essentially seeks to reinstate an Obama Administration policy that was ruled unlawful because it was not adopted through...
Read More
August 10, 2023
|
Category: Labor Relations

NLRB Scuttles “Boeing” Standard, Adopts Test More Likely To Find Work Rules Violate the NLRA

The National Labor Relations Board (NLRB or Board) has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law. Stericycle Inc., 372 NLRB No. 113 (August 2, 2023), adopted a “reasonable tendency to chill” test, under which a challenged workplace rule or policy is...
Read More
August 02, 2023
|
Category: Government Contracts

DOL Revises Disclosure Form “LM-10” To Require Employers To ID Federal Contractor Status

An employer that is required to disclose its payments to anti-union consultants to the Labor Department’s Office of Labor-Management Standards (OLMS) will now have to indicate whether it is a federal contractor. OLMS said the revisions to Form LM-10 were necessary because of increased public interest in anti-union “persuader” activities. The revisions are also consistent with the Biden Administration’s efforts...
Read More
July 17, 2023
|
Category: Labor Relations

NLRB Overrules Trump-Era Independent Contractor Test, Boosting a Likely Finding of Employee Status

The Biden-era National Labor Relations Board (NLRB or Board) has issued a ruling that will make it far more likely that a worker will be considered an employee for purposes of the National Labor Relations Act (NLRA or Act). In Atlanta Opera, 372 NLRB No. 95 (2023), the Board’s Democratic majority overruled a Trump-era Board precedent that provided practical guidance...
Read More
June 13, 2023
|
Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
Read More
June 12, 2023
|
Category: Labor Relations

Supreme Court Rules Employer Can Sue Union for Strike-Related Property Damage

In a decision that underscores the legal responsibility of a labor union to mitigate the risk of harm to an employer’s property during a work stoppage, the U.S. Supreme Court ruled 8 to 1 that a concrete company can sue a labor union for the intentional destruction of its property after union members went on strike. In Glacier Northwest, Inc. v....
Read More
May 16, 2023
|
Category: Agency Enforcement

NLRB General Counsel Abruzzo Continues Push To Overturn Trump-Era Precedent

Jennifer Abruzzo, a former union official and current National Labor Relations Board (NLRB or Board) General Counsel (GC), is actively working to make U.S. labor law more union-friendly. Her position as GC—which gives her unreviewable discretion to decide which alleged labor law violations to prosecute, and by extension, the legal theories on which the Board will rule—affords her the potential...
Read More
May 09, 2023
|
Category: Labor Relations

NLRB Gives More Protection to Workers Who Engage in Offensive Conduct

The National Labor Relations Board (NLRB or Board) has ruled that federal labor law gives broad protection to workers who make offensive outbursts—including racist and sexist statements—while engaging in protected activity. In this case, the Board concluded that an employer violated the National Labor Relations Act (NLRA) when it fired a union representative who made heated remarks during a safety...
Read More

Categories

Talk with an EASI Consultant.

Get in Touch