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 […]

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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 […]

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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 […]

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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 […]

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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, […]

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NLRB Now in Republican Control

The Senate on Monday, Sept. 25, confirmed business lawyer William Emanuel, President Trump’s pick to fill an open seat on the National Labor Relations Board (NLRB), by a vote of 49-47. The vote puts the board, the nation’s top labor law enforcement agency, under the control of Republicans, 3-to-2, for the first time since President […]

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NLRB on Office-Closing Spree

The National Labor Relations Board (NLRB) is in various stages of assimilating and evaluation public comments received on its plan to close offices in five cities across the country. According to a press release, “This proposal is being considered in connection with the Agency’s ongoing efforts to reduce costs by decreasing office space and by […]

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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 […]

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Trump Nominates Business-Friendly Attorney to NLRB

President Trump has nominated William J. Emanuel to the National Labor Relations Board (NLRB) to fill the expiring post of Vice Chair Kent Yoshiho Hirozawa. If confirmed by the Senate, Emanuel would serve a term of five years, expiring on Aug. 21, 2021. Emanuel has argued cases before the NLRB for many years on issues such […]

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NLRB Adds ‘Textual Harassment’ to Supervisor Sins

The National Labor Relations Board (NLRB), in a unanimous decision, has expanded oral harassment to include smartphone text-based harassment, which board watchers immediately dubbed “textual harassment.” The National Labor Relations Act (NLRA) prohibits spoken harassment, by phone or in person, but when the law was written, there were no cell phones or text messages. In  RHCG […]

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