Authors: Glenn J. Smith and Matthew A. Sloan
On April 1, 2020, after a temporary suspension of elections, the National Labor Relations Board announced that the processing of NLRB-conducted elections would resume again. Since about then, an unprecedented 90% of representation elections conducted have been ordered by Regional directors to be conducted by mail due
By: Jennifer L. Mora
Seyfarth Synopsis: In Circus Circus Casinos Inc. v. NLRB, No. 18-1201 (June 12, 2020), the US Court of Appeals for the DC Circuit denied the National Labor Relations Board’s cross-application for enforcement of its decision, where the Court found, among other things, that the Board had “significantly alter[ed] the test
By: Bryan M. O’Keefe, Charles M. Guzak, and Samuel I. Rubinstein
Seyfarth Synopsis: In a move that will provide clarity to both unions and employers, the National Labor Relations Board in Providence Health & Services – Oregon d/b/a Providence Portland Medical Center, 369 N.L.R.B. No. 78 (May 13, 2020) held that dual-marked ballots
By: Charles M. Guzak, Ronald J. Kramer and Bryan M. O’Keefe
Seyfarth Synopsis: In these uncertain economic times, temporary furloughs and longer-term layoffs have become the norm. One concern expressed by numerous unionized employers contributing to multiemployer pension plans is whether temporary furloughs or long-term layoffs may result in complete or partial withdrawal
By John Telford
On February 25, 2020, the National Labor Relations Board (the Board”) issued its final rule setting forth the standard for determining joint-employer status under the National Labor Relations Act (“NLRA”). The new rule effectively overturned the overly-broad joint employer standard announced in the NLRB’s 2015 Browning-Ferris decision, where the Board ruled that
Seyfarth Synopsis: The National Labor Relations Board has been making a lot of noise since the current administration took control. From reversing draconian restrictions on workplace civility rules to restoring employer control over nonemployee union activity on private property, the noise should be music to employers’ ears. As 2020 quickly approaches, below we revisit some
Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges.
By Samuel Rubinstein[1] and Howard M. Wexler
In June 2018, the Supreme Court held in Epic Systems that employers may require employees, as a condition of employment,
Authors: Howard M. Wexler and Samuel Sverdlov
Seyfarth Synopsis: The NLRB recently published a Notice of Proposed Rule Making regarding three proposed amendments to its current rules and regulations for union elections. These amendments consist of: (1) a change from the current election blocking charge policy to a vote-and-impound procedure; (2) a reversion to the
By Jason Silver and Glenn Smith
Seyfarth Synopsis: In a 3-1 decision, the National Labor Relations Board (“Board”) in Johnson Controls, Inc., 368 NLRB No. 20 (July 3, 2019), established a new standard for determining whether a union has reacquired majority status after an employer announces its anticipatory withdrawal of recognition based on
By Ashley K. Laken and Howard Wexler
Seyfarth Synopsis: Just before the end of the legislative session, lawmakers in New York introduced the “Dependent Worker Act,” which proposes to provide workers in the gig economy with certain rights, including the right to unionize.
On June 14 and 15, lawmakers in the New York State Assembly