Yesterday, the National Labor Relations Board (NLRB or Board) issued an Order vacating the Board’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s Designated Agency Ethics Official that Member William Emanuel is, and should have been, disqualified from participating
Unfair Labor Practices
Are Graduate-Students Assistants Employees Under the NLRA? The Answer of the Obama Board Will Not be the Final Word
By: Robert A. Fisher & Skelly Harper
Seyfarth Synopsis: A 2016 decision of the National Labor Relations Board (“Board”) finding that the graduate students at Columbia University were employees under the National Labor Relations Act (“NLRA”) has been teed up for review by the Court of Appeals. In order to obtain appellate review of the…
Employers Beware: Potential Rise in Union Corporate Campaigns
By: Ashley Laken, Esq. & Brian Stolzenbach, Esq.
Seyfarth Synopsis: Although many employers may think they can let their guard down a little bit when it comes to the NLRB under the Trump Administration, history suggests otherwise. During the last Republican Administration, labor unions often decided to wage their battles outside the NLRB, using tactics…
A Few (More) of Employers’ Favorite Things From GC 18-02: The End of Alan Ritchey And Preservation of the Levitz and Tri-Cast Doctrines?
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during…
The Board’s Return to Civility and Common Sense Regarding Workplace Rules
Seyfarth Synopsis: In a decision issued late last week, The Boeing Company, 365 NLRB No. 154 (Boeing), the newly constituted “Trump” National Labor Relations Board (“Board”) announced that employers could once again maintain common sense rules regarding employee conduct at the workplace.
Of all the decisions issued in recent years…
THE BIG(ger) BA(rgaini)NG THEORY
By: Bradford L. Livingston, Esq.
In yet another significant decision overturning a controversial Obama-era ruling, the NLRB has reverted to its prior standards in determining what will be an appropriate bargaining unit for union organizing and bargaining. PCC Structurals, Inc., 365 NLRB No. 160 (December 15, 2017). Just a day before his term on…
Will the NLRB Let Employers Go Back to Conducting Confidential Investigations in the Workplace?
By: Paul Galligan, Esq. & Samuel Sverdlov, Esq.
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo…
Weingarten Rights: GC Memorandum 18-02 Forecasts that the Trump Board May Rein in the Obama Board’s Heyday on Weingarten Rights
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during the…
NLRB General Counsel Rescinds Controversial Memo Regarding Section 7 Rights of University Faculty, Student Assistants, and Student-Athletes
By: Robert A. Fisher, Esq., Jeffrey A. Berman, Esq., and Mary Kay Klimesh, Esq.
Seyfarth Synopsis: On December 1, 2017, the newly-confirmed General Counsel of the National Relations Board, Peter Robb, issued a memorandum to the NLRB regional offices listing legal issues that should be submitted for review to the Division of Advice prior to…
Better Watch Your Mouth: Trump Board Likely to Narrow Protection of Vulgar and Racially Bigoted Employee Speech
By: Christopher W. Kelleher, Esq. & Danielle A. Vera, Esq.
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of…