Courts Unlikely to Accept a New NLRB Independent ... a recent NLRB decision, now imposes upon an employer the duty to obtain union consent before closing one of his facilities and transfer-ring production to another, if the reason for the transfer is related to the economic costs of the labor agreement.3 Historically, the typical three year collective bargaining agree- . In this webinar, we will discuss recent trends in union organizing and NLRB-conducted elections, incident to the unprecedented times we've faced over the past year. NLRB Invites Briefs Regarding Independent Contractor ... 3 Recent NLRB Rulings You May Have Missed. The following subjects review recent NLRB decisions address ing employer statements to employees during a representation campaign. We recently saw an interesting decision on management rights. NLRB to review order blocking Nissan plant small union ... It also serves notice to employers that the recent trend towards more management-friendly decisions at the NLRB does not mean that the NLRB has stopped enforcing the . Articles . A recent National Labor Relations Board (NLRB) decision in a highly anticipated case expands the definition of "joint employment," raising significant issues for employers who rely on temporary or contract workers to supplement their regular workforce. More and more frequently, the National Labor Relations Board (NLRB) has deemed that policies and procedures included in employee handbooks constitute "unfair labor practices," and has expanded its interpretation of the types of actions that constitute such practices. 144) Detroit, MI, June 4, 2019. Baker McKenzie USA November 16 2020 Recent NLRB Decisions Shed New Light on Company Work Rules and Policies. Does your employee handbook violate the National Labor ... Administrative Law Judge Decisions After a Regional Director issues a complaint in an unfair labor practice case, an NLRB Administrative Law Judge hears the case and issues a decision and recommended order, which can then be appealed to the Board in Washington. PDF Six Recent NLRB Cases Provide Further Insight on ... Here We Go Again: NLRB Foreshadows A Potential Return To ... PDF Kentucky River Trilogy: Recent Nlrb Decisions Clarify the ... The proliferation of internet technology, smartphones, and web-based free-to-use meeting space has transformed strategies for union organizing activities. An employer did not threaten employees when he told them during a speech: [10] If we had to bid higher or customers feel threatened because of delivery Case Number: 04-CB-288228. It should be noted that Federal courts have admonished the board for not following its own prior decisions and for failing to provide . Recent Significant NLRB Decisions. 41 (2021), the Board invited public input as to whether it should reconsider that standard once more and possibly revert back to the 2011 rule making it easier for unions to organize employees into micro-units. 10 (2019), the Board concluded that the Respondent's mandatory arbitration agreement, "when reasonably interpreted, plainly makes arbitration the exclusive forum for the resolution of all claims, including statutory claims under the Act…[and that] a . On April 21, 2021, the National Labor Relations Board (the "Board") declined to eliminate or modify its long-standing contract-bar doctrine, which purports to provide stability in the relationship among the employer, a collective bargaining representative, and its employee-members. The National Labor Relations Board (NLRB) recently released two unpublished decisions that boosted unionization efforts by teaching and research assistants at private universities. On Dec. 14, in a 3-2 decision, the NLRB overruled the Board's 2015 decision in Browning-Ferris Industries and returned to the previous joint employer standard. During Democratic (or Recent NLRB Complaint Was Forceful, But Impact Still TBD. The Board's reason at that time was that such policies and rules could have a "chilling effect" on employees' rights under the Act . Statements about a loss of business. . This follows a disturbing trend in the Board's decisions that attack sensible, long-standing management standards of conduct. A decision issued in March 2021 by the NLRB could be of note for those involved in New Jersey employment law matters. .icon phone blue text indent 9999px Find Your Regional Office FAQs Contact Español MyNLRB Phone blueGeneral Inquiries 844 762 NLRB About NLRB About NLRB Who Are The Board Lauren McFerran Marvin Kaplan. The Impact of Recent NLRB Decisions on Supervisory Status. Unit Sought: Included: all production and maintenance employees of the Company at its Mooresville, Indiana, plant and pit operations, including all shale haul truck drivers, and sample employees.Excluded: all office clerical employees, maintenance engineers, technicians, professional employees, guards, delivery truck drivers, and supervisors as defined in the National Labor Relations Act. 168. It has been a busy few months at the National Labor Relations Board (NLRB). Slip opinions are subject to revision before publication in bound volumes. The Board granted the General Counsel's Motion for Default Judgment based on the Respondent's failure to file an answer to the . Date Filed: 12/29/2021. The impact of recent NLRB decisions on supervisory status. Share. sradz@ober.com. NLRB Toll free number: 1-866-667-6572 NLRB Office of the General Counsel Advice Memos: 31-CB-140496; National Union of Healthcare Workers (Kaiser Foundation Hospitals, Inc ) - 7/10/2015 THIS IS AN ADVERTISEMENT. NLRB v. Yeshiva University, 444 U.S. 672 (1980): What is the test for determining if faculty members are managerial employees under the Act? . NLRB to review order blocking Nissan plant small union vote A federal labor board is reviewing a decision by one of its regional officials to deny a union from trying . In the case, the contractor, Manganaro Corporation, filed a NLRB charge against the painter's union after a strike following the contractor's . In one recent decision that affects most workplaces, the NLRB established a new test for evaluating an employer's policy, rule, or handbook provision to determine if it will potentially interfere with the exercise of an employee's NLRA rights (The Boeing Company, 19-CA-090932 (Dec. 14, 2017)).Under the new test, the NLRB will look at two factors when deciding if a . NLRB Loses Second Recent Speech Decision. RECENT NLRB DECISIONS CLARIFY THE DEFINITION OF THE TERM "SUPERVISOR" UNDER THE NLRA G. Roger King, Esq., and David Birnbaum, Esq. The board decided to retain the " contract bar rule ," which limits the time for filing any petition that challenges a union's status while a collective bargaining agreement (CBA) is in force. Local 307, National Postal Mailhandlers Union (NPMHU) (07-CB-218938; 367 NLRB No. Recent NLRB Decisions Offer Long-Awaited Guidance for Employers November 29, 2012. While the new Trump-era Board certainly marks a welcome shift for businesses, including healthcare entities, it remains crucial that . It began its analysis by providing a brief recap of the Boeing standard for determining whether a facially-neutral work rule, reasonably interpreted, would unlawfully interfere with, restrain, or coerce employees in the exercise of their Section 7 rights. 97 (2021), the Board analyzed broad confidentiality agreements that the employer required all applicants for employment to . The Agenda appears ready to seek reversal of a recent decision that held the NLRB lacked jurisdiction to decide employment matters arising in the workplaces of religious education institutions on the basis that adjudication could potentially involve review of an institution's religious tenets. In two recent decisions related to negotiated union contracts and employee benefits changes, the NLRB actually came down on the side of employers. NLRB Upholds Contract-Bar Doctrine in Current Form. On December 7, 2021, in American Steel Construction, 371 NLRB No. )The NLRB found that an employee was appropriately suspended because of his profane and racially . The end of the NLRB's fiscal year is September 30 and one can always expect a flurry of decisions to issue before that date. We have noticed that employers are concerned over the alarming rate at which the NLRB has been overturning long-standing precedent in cases that have come before the board. Recently, the National Labor Re-lations Board (the "NLRB" or "Board") issued three highly antic-ipated opinions following the Su-preme Court's decision in NLRB v. Kentucky River Community Care, Inc., 1 Law360 (October 15, 2021, 8:57 PM EDT) -- A recent unfair labor practice complaint seeking stronger remedies than usual is a sign of . Recent Important NLRB Decisions and Actions. said that Amazon's decision to place a post . Recently, though, the Board clarified that in light of recent U.S. Supreme Court and Board precedent, Section 7 no longer prohibits confidential arbitrations—at least for the time being. Teamsters Local 676 (EMR Metal Recycling) Follow. The Weekly Summary of Decisions is a digest of decisions issued by the Board each week, with a short description of the issues and facts of the case and a link to the decision. January 29, 2021 August 8, 2019. The NLRB on Monday invited public briefing on the issue. With the intersection between cutting-edge social media and the Depression-era National Labor Relations Act (NLRA or the Act) still relatively new, employers are looking for answers to some fundamental questions when it comes to regulating employees' off-duty social media posts about work. Recently, the National Labor Relations Board (the "NLRB" or "Board") issued three highly anticipated opinions following the Supreme Court's decision in NLRB v.Kentucky River Community Care, Inc., 532 U.S. 706 (2001), involving the definition of the term "supervisor" under the National Labor Relations Act (the "NLRA" or "Act").The Board's decisions, which have been referred to as "the . These decisions return the state of the law regarding the standards . Based on recent NLRB decisions, it's likely. 72 (2014), the Board's Democratic members refused to "acquiesce" to the appellate court's decision Instead, they elected to "double down" on Horton by finding that the earlier decision to be correctly decided, the Fifth Circuit's rejection notwithstanding, and again . Recent NLRB Decisions May Require Changes to Employee Handbooks By Josh Ulman and Christi Layman I t does not get closer to home, or specifically campus, for higher education HR professionals than an institution's employee handbook. Because the NLRB's decisions and actions impact all industries, healthcare employers should take note. Sign into MyNLRB to follow cases and receive updates. Horton decision, in a recent decision, Murphy Oil, 361 NLRB No. Stacy Bekman Radz. 65 (January 4, 2021) The Board unanimously found the employer violated Section 8(a)(1) by maintaining rules prohibiting conducting personal business on company time or property and soliciting or distributing literature during working hours. In 2019, in SuperShuttle DFW, Inc., the Board overruled the prior standard for determining independent contractor . For example, in Lily Transportation , the employer's policy stated the following: The NLRB General Counsel failed to carry . The National Labor Relations Board (NLRB) issued a supplemental decision on May 20, 2020, finding lawful a policy prohibiting employees from possessing or using their cell phones on the . Navigating Employee Media Communications in the Age of COVID-19: A Recent NLRB Decision Provides Useful Guidance. Recent Decisions of the National Labor Relations Board 2004 July - December. Medic Ambulance Service, Inc., 370 NLRB No. NLRB - National Labor Relations Board . In this case, the NLRB imposed a new framework for evaluating workplace rules and policies. Board Decisions. By Daniel J. Butler & C. Randolph Sullivan on April 10, 2020. A second court of appeals has refused to adopt a National Labor Relations Board (NLRB) decision declaring an employee's speech violated the National Labor Relations Act. Jerald J. Oppel. Navigating Employee Media Communications in the Age of COVID-19: A Recent NLRB Decision Provides Useful Guidance. Summary of Recent NLRB Decisions. The handbook is the framework for implementing HR policy on campus. Decisions. Notes on Recent NLRB Decisions. Click here to search the Board's topical index (CiteNet). In a notice issued today in The Atlanta Opera, Inc. 371 NLRB No. The Pendulum Swings: A Look at Recent NLRB Decisions The National Labor Relations Board (NLRB or Board) shifts its policies depending on the party in the White House. A Recent Decision. Due to those beliefs, the General Counsel handpicked cases to revisit. The Department of Labor DOL and the National Labor Relations Board NLRB have been working overtime to enact several new regulations and implement decisions which modify a number of key Obama-era . for fear that the National Labor Relations Board would find them in violation of the National Labor Relations Act. Despite elation over the NLRB's recent invitation by those who have long sought to curtail the use of independent contractors in the U.S., and a countervailing concern by others worried that this may spell doom for companies and . What is this? Despite elation over the NLRB's recent invitation by those who have long sought to curtail the use of independent contractors in the U.S., and a countervailing concern by others worried that this may spell doom for companies and . Two recent appellate court decisions demonstrate the value of sticking with an argument from start to finish. jjoppel@ober.com. Location: Camden, NJ. NLRB v.Catholic Bishop of Chicago, 440 U.S. 490 (1979: What is the Board's test for asserting jurisdiction over a religious institution, such as a college or university?. Employer Policies. Posted in Employment Policies, NLRB. 154 (2017). The NLRB's decisions tend to be more pro-employee/pro-union with a Democratic president and relatively more employer-friendly with a Republican president. Following its recent decision in Prime Healthcare Paradise Valley, LLC, 368 NLRB No. Two Recent NLRB Decisions of Note. Unfair Labor Practice (C cases) and Representation (R cases) can be seen in a pop-up box. Unions, employers, and other interested parties have until Feb. 10 to weigh in on the NLRB potentially overruling its 2019 decision in SuperShuttle DFW, which made it easier for companies to prove that their workers are independent contractors. The Supreme Court ruled in Hoffman Plastics Compound v. NLRB that the Board cannot award back pay to employees who were not authorized to work in the U.S. 13, decided in October . Recent NLRB Decisions-2014 Last modified by: Stephanie Sutow Company: National Labor Relations Board . 122) Pocahontas, IA Dec. 16, 2004. Also listed are case names and links to decisions by NLRB Administrative Law Judges, and to decisions by Appellate Courts involving NLRB cases. 9. The National Labor Relations Board ("NLRB" or "Board") recently issued a number of significant decisions, some of which reversed controversial Obama-era NLRB rulings generally considered to be pro-union. (See previous Holland & Knight alert, "Recent NLRB Decisions Condone Workplace Profanity and Insubordination," Sept. 15, 2014. The NLRB also issued a key decision that will help employers who wish to keep sensitive investigations confidential. The NLRB's Analysis The NLRB reversed the ALJ's decision regarding the cell phone ban. 8 . Pacific Lutheran University, 361 NLRB No. Status: Open. This recent NLRB decision is just one more reminder to labor professionals to tread lightly and seek qualified legal counsel when employees begin discussing possible unionization. Labor & Employment Law Newsletter . The National Labor Relations Board further empowered unions by allowing a union to make "double breasting" a strike issue during contract negotiations. RECENT NLRB DECISIONS administration is no mistake. The President nominates the members of the Board to five-year terms. The National Labor Relations Board (NLRB) has issued a few important decisions that shed light on another . Recently, the Board ruled that a Respondent employer . Since December 2017, the NLRB has: released more than 40 advice memoranda containing guidance on a plethora of labor issues; overruled the joint employer test it adopted in 2015 in Browning-Ferris Industries, and then vacated its decision (Hy-Brand Industrial Contractors, Ltd.) due to a board member's conflict of . Almost overnight, COVID-19 has radically altered the American workplace. INTRODUCTION. Recently, the NLRB has issued a number of decisions addressing social media in the workplace as it pertains to employers. Appeared in the Maryland State Bar Association Section of. The National Labor Relations Board (NLRB) has ordered a do-over of a high-profile unionization election at an Amazon warehouse in Bessemer, Alabama. Recent NLRB Decision Upholds Validity of Pre-Organization Agreements between Labor and Management In a recent decision, Dana Corporation, 356 NLRB No. Posted in Employment Policies, NLRB. 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