Latest News

17 Dec, 2014

Quickie Elections–NLRB Issues Final Rule

2018-04-23T23:55:12-05:00December 17th, 2014|Construction Contractor Advisor, NLRB|

On December 12, 2014, the NLRB announced that its final rules on the "Quickie" Election will be published on December 15, 2014, and will take effect April 15, 2015.  The most significant impact of the new rules will be to shorten the time from election for union representation from approximately 40 days to 10 to 14 days. The NLRB's press release stated that the rules are aimed at streamlining and [...]

27 Aug, 2013

The NLRB is Fully Staffed – Now What?

2018-04-23T23:55:17-05:00August 27th, 2013|Construction Contractor Advisor, NLRB|

The National Labor Relations Board is fully staffed for the first time in ten years. The Senate confirmed three Democrats and two Republicans. Given the democratic majority, most pundits anticipate more pro-union rulings, like those under the recess appointment board. The three confirmed Democrats include Nancy Schiffer, former AFL-CIO associate general counsel, Mark Pearce, the current NLRB chairman, and his former chief counsel, Kent Hirozawa. The two Republicans are attorneys [...]

12 Feb, 2013

President Obama’s Recess Appointments to the NLRB Were Unconstitutional

2013-02-12T08:00:07-06:00February 12th, 2013|NLRB|

The U.S. Court of Appeals for the District of Columbia recently ruled that President Obama’s recess appointments to the National Labor Relations Board were unconstitutional because the Senate was not in “recess” at the time the appointments were made. You can read a copy of the Court’s opinion here. This means that from January 4, 2012, the NLRB did not have a quorum and did not have the authority to [...]

23 Oct, 2012

The NLRB Continues to Amaze

2012-10-23T08:00:02-05:00October 23rd, 2012|NLRB|

For those of you dealing with unions, you may be interested in reading a recent NLRB decision in which it held that an employer could not discipline or terminate employees who make vulgar, offensive, or threatening statements. In this case, an employee scribbled vulgar and threatening statements on several union newsletters that were left in the employee break room. A number of female employees complained about the statements and the [...]

5 Jun, 2012

The NLRB Again Weighs in on Social Medial Policies

2012-06-05T15:15:33-05:00June 5th, 2012|NLRA, NLRB|

Late last month, National Labor Relations Board, through its acting general counsel, issued a third report on social media cases. You can find a copy of the report here. In this most recent report, the NLRB reviews a number of employers’ social media policies and reaches some baffling conclusions that the policies are contrary to the NLRA. For employers, the NLRB’s latest missive will make it much more difficult to [...]

22 Mar, 2012

What Are Appropriate Bargaining Units Under the NLRA?

2012-03-22T11:34:41-05:00March 22nd, 2012|NLRA, NLRB, Unioin Campaign, Union Free, Union Voting|

As many of you may know, the National Labor Relations Board’s (“NLRB”) decision in the Specialty Healthcare case overruled 20 years of practice regarding how it determines the "appropriate unit." Although it was hoped that this change impacted only non-acute health care facilities, it is now clear that the NLRB will apply the Specialty Healthcare decision across the board. What is an appropriate bargaining unit under Specialty Healthcare? In essence, [...]

29 Dec, 2011

Employee Rights Posting Delayed to April 30th

2011-12-29T09:04:50-06:00December 29th, 2011|NLRB, Unioin Campaign, Union Free|

The NLRB has again delayed the date by which you must post the employee rights poster. This poster was originally to be posted in November, then by January 30, 2012. Now, posting requirements are delayed until April 30, 2012. You can read the NLRB’s press release here. The NLRB explained that this latest delay was requested by the federal court hearing the challenges to the rule. Those opposing the rule, [...]