Joint Employer Standard at Stake in NLRB Ethics Dilemma

The National Labor Relations Board (NLRB), Republican-controlled, faces a quandary now that its inspector general has ruled that member William Emanuel should not have voted in a decision that reversed the Obama-era “indirect control” joint employer standard. As a result, that standard remains standing much to the chagrin of the GOP members. The “indirect control” […]

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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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NLRB Extends Commentary Period on Representative Elections

To aid in the consideration of the issues involving the 2014 Election Rule, the National Labor Relations Board (NLRB) is 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 before Monday, […]

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John Ring Nominated to NLRB

President Trump on Friday nominated business lawyer John Ring to the National Labor Relations Board (NLRB) to fill the seat of the departed Philip Miscimarra, who left in December. If Ring is approved by the Senate, Republicans would retain a 3-2 majority on the NLRB through 2020. Ring is co-chairman of the labor/management relations practice at […]

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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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