NLRB Announces Internal Ethics and Recusal Review

The National Labor Relations Board (NLRB( today announced that it will undertake a comprehensive review of its policies and procedures governing ethics and recusal requirements for board members.  This initiative will ensure that the NLRB’s stakeholders—and the American people generally—can have full confidence in the integrity of the Board and its recusal processes. “Recent events […]

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SCOTUS Sides with Employers in the Use of Forced Arbitration Agreements

Voting along ideological lines, the Supreme Court today ruled 5-4 that employers can enforce signed binding arbitration agreements with their work forces, thus legally barring class action lawsuits. The ruling allows employers to require employees to sign not only binding arbitration agreements that include class action waivers, but also non-disclosure agreements. “The policy may be […]

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NLRB Extends Commentary Time on Election Rule Reconsideration

To aid in the consideration of the issues involving the 2014 Election Rule, the National Labor Relations Board (NLRB) is further extending the time for filing responses to the Request for Information Regarding Representation Election Regulations published in the Federal Register. The submission window is currently open and interested parties may file responses on or […]

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NLRB Updates Bench Book to Reflect Recent Procedural Rules

The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces an earlier version issued in November 2016. This edition of the Bench Book was edited by NLRB Judge Jeffrey Wedekind and substantially revises the previous edition. The Bench Book serves as an NLRB Trial Manual, and is designed […]

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Kaplan Named Chair of NLRB

President Donald J. Trump has named board member Marvin E. Kaplan to be Chairman of the National Labor Relations Board (NLRB). “The president’s announcement is an honor and privilege, and I look forward to serving as chairman of the National Labor Relations Board.,” Kaplan said. “I remain committed to working with my colleagues to achieve […]

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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 Reins 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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