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On February 15, 2023, Sean Marshall, Regional Director of Region 5 of the National Labor Relations Board (NLRB or Board) met with a group of labor and management practitioners at an event hosted by the Maryland State Bar Association. At the meeting, Mr. Marshall discussed case handling within the Region, […]

A divided panel of the U.S. Court of Appeals for the D.C. Circuit struck down three provisions of the National Labor Relations Board’s (“NLRB”) 2019 election rule (the “2019 Rule”) that amended policies and procedures related to union elections. In AFL-CIO v. NLRB, however, the D.C. Circuit, upheld two provisions and concluded that the rule, as a whole, was not arbitrary and capricious. The upheld provisions will be remanded to the federal district court where it will hear the AFL-CIO’s other arguments against the two provisions. For more, click here.

On Thursday, the National Labor Relations Board (NLRB or the Board) reaffirmed its Johnnie’s Poultry standard for analyzing an employer’s questioning of employees in preparation for NLRB proceedings. Employers must provide a list of assurances to employees and the failure to recite even one of the assurances shall render such […]

National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo announced that she will crack down on employers’ increasing use of automated technologies and electronic management systems. In General Counsel Memorandum 23-02, the GC stated her belief that employers’ use of these technologies can violate the National Labor Relations Act. […]

In an expected move, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking (NPRM) that would rescind a final rule issued in April 2020 (the 2020 Rule), which we discussed here. The proposed rule, titled the “Fair Choice and Employee Voice” rule, would enact policies that […]

Take note, unionized employers: the National Labor Relations Board (“NLRB” or the “Board”) held on Monday that employers violate the National Labor Relations Act (“NLRA”) when, following expiration of the parties’ collective-bargaining agreement (“CBA”), they unilaterally cease deducting and remitting employee union dues to the union pursuant to contractual dues […]

In Troy Grove, the National Labor Relations Board held that the unionized employer violated the National Labor Relations Act by implementing a rule regulating how early employees could clock in prior to their shift. Employees frequently punched in well before the start of their morning shift. In response, the Company […]

One day after Labor Day, the National Labor Relations Board (“NLRB” or the “Board”) issued a proposed rule that would rescind and replace the Trump Administration’s 2020 rule that established the current test for determining whether two entities are joint employers. Predictably, the proposed rule, if adopted by the Board, […]

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo is targeting so-called “captive audience” meetings and has asked the Board to find such meetings unlawful. Employers often hold these meetings during union organizing campaigns to present their views to assembled employees regarding unionization and other issues relating to employee working […]

This month, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued two GC memos providing guidance to Regional Offices concerning what remedies should be sought when an employer has violated the National Labor Relations Act (NLRA). Specifically, GC Abruzzho directs Regions to seek the “full panoply of remedies […]