With the new Biden Administration and Democrats now controlling Congress, employers can expect President Biden to move as quickly as possible to appoint Democratic Members to the NLRB. Currently, the Board has three Republican members, one Democratic member, and one vacancy. President Biden is well positioned to flip the majority composition of the Board by

By: Ashley K. Cano and John P. Phillips

Seyfarth Synopsis: Last week, the NLRB held in a 2-1 decision that an employer’s rules restricting certain types of employee communications on social media were lawful under the NLRA.  However, the Board panel was sharply divided between its Republican majority and Lauren McFerran, its sole Democratic member. 

By: Molly Gabel and John L. Telford

Seyfarth Synopsis: Many employers have been dealing with threats of COVID-19 related work stoppages over the past several months.  Whether such strike activity is subject to no-strike clauses under the National Labor Relations Act or to mandatory bargaining and dispute resolution procedures under the Railway Labor Act has

By: Jason J. Silver and Glenn J. Smith

Seyfarth Synopsis: As the COVID-19 virus continues to surge throughout parts of the United States, the General Counsel’s office of the NLRB has issued certain “suggested” safety protocols to allow Regions to conduct manual elections in this unprecedented environment. The suggested safety protocols are likely to receive

By Ashley K. Cano

Seyfarth Synopsis: The COVID-19 crisis is creating fertile ground for union organizing efforts, and labor unions are aiming to capitalize on this.  Non-union employers should be attuned to this reality, and to the extent they want to remain union-free, they should consider developing and implementing lawful employee relations strategies now, before