NLRB Restores Pre-Obama Joint Employer Standard

The National Labor Relations Board (NLRB) has turned back the clock on the Obama-era standard of what constitutes a joint employer and now maintains that joint employers must have “direct and immediate” control over employees, a standard that held for decades previously. The case in question is Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. Though the […]

Read the rest of this entry »
GoTo top Top

NLRB Seeks Input on 2014 Representation Election Rule: Keep It or Change It?

Tomorrow, the National Labor Relations Board (NLRB) will publish a Request for Information (RFI) in the Federal Register, asking for public input regarding the board’s 2014 Election Rule, which modified the board’s representation-election procedures located at 29 CFR parts 101 and 102. The board will seek information from interested parties regarding three questions: 1. Should […]

Read the rest of this entry »
GoTo top Top

Head of NLRB Office of Appeals Named

National Labor Relations Board (NLRB) General Counsel Peter B. Robb has appointed career NLRB attorney Mark Arbesfeld to be director of the General Counsel’s Office of Appeals. In his new position, Arbesfeld will lead the office that reviews appeals by employers, unions, and individuals who believe their unfair labor practice allegations have been wrongly dismissed […]

Read the rest of this entry »
GoTo top Top

New NLRB General Counsel Reigns in Obama-era Rulings

In a memo issued Dec. 1, new National Labor Relations Board (NLRB) General Counsel Peter Robb ordered NLRB offices across the country to refer all cases to him that are based on rulings during the eight years of President Obama. Robb wrote: “Significant legal issues include cases over the last eight years that overruled precedent […]

Read the rest of this entry »
GoTo top Top

Pro-Business Lawyer Robb Confirmed as NLRB General Counsel

Peter Robb has been confirmed as general counsel of the National Labor Relations Board (NLRB), becoming the gatekeeper who decides which cases the board hears. Pro-business attorney Robb replaces Richard Griffith, a pro-labor Obama appointee whose term expired with the witching hour on Halloween. Robb was confirmed Nov. 8 along a party-line vote of 49-46, […]

Read the rest of this entry »
GoTo top Top

With Trump Nominees, NLRB May Revisit Previous Rulings

With President Trump’s nomination of two pro-business attorneys to the National Labor Relations Board (NLRB), giving Republicans majority control, 3-2, observers are speculating that the board will revisit some Obama-era decisions and modify or reverse them. Marvin Kaplan, chief counsel of the independent federal agency, the Occupational Safety and Health Review Commission, was approved by […]

Read the rest of this entry »
GoTo top Top

Miscimarra Named Acting Chair of NLRB

President Donald J. Trump has named board member Philip A. Miscimarra acting chairman of the National Labor Relations Board (NLRB). “It is an honor to be named NLRB acting chairman by the President,” Miscimarra said. “I remain committed to the task that Congress has assigned to the board, which is to foster stability and to […]

Read the rest of this entry »
GoTo top Top

President Names Miscimarra Acting Chairman of NLRB

President Donald J. Trump has named board member Philip A. Miscimarra Acting Chairman of the National Labor Relations Board (NLRB). “It is an honor to be named NLRB Acting Chairman by the president,” Miscimarra said. “I remain committed to the task that Congress has assigned to the board, which is to foster stability and to […]

Read the rest of this entry »
GoTo top Top

NLRB Reverses Course on College Football Player Unionization

In a unanimous decision, the National Labor Board (NLRB) today declined to assert jurisdiction in the case involving Northwestern University football players who receive grant-in-aid scholarships. The board did not determine if the players were statutory employees under the National Labor Relations Act (NLRA). Instead, the Board exercised its discretion not to assert jurisdiction and […]

Read the rest of this entry »
GoTo top Top

NLRA Celebrates Its 80th Anniversary

On July 5, 1935, President Franklin D. Roosevelt signed the National Labor Relations Act (NLRA) into existence, and along with it, the National Labor Relations Board (NLRB). On the observance of the law’s 80th anniversary, current NLRB Chairman Mark Gaston Pearce noted: Enacted in midst of the Great Depression, the National Labor Relations Act gave workers […]

Read the rest of this entry »
GoTo top Top