Overruling Precedent, Board Finds Violation May Be Established Without Specific Unfair Labor Practice Complaint Allegation

Overruling Precedent, Board Finds Violation May Be Established Without Specific Unfair Labor Practice Complaint Allegation

In a decision having far-reaching implications, a National Labor Relations Board panel  consisting of Chairman Mark Gaston Pierce and Members Kent Hirozawa and Lauren McFerran, (Member Miscimarra dissented) has overruled almost 10 years of NLRB precedent, deciding  that a violation of the National Labor Relations Act could be found based on an employer’s failure to inform the union that it did not possess information the union requested, despite the absence of a specific unfair labor practice complaint allegation to that effect.

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NLRB’s Latest “Perfectly Clear” Successor Decision Creates Pitfalls for Buyers of Unionized Operations

By | Labor Relations Today | July 26, 2016
NLRB’s Latest “Perfectly Clear” Successor Decision Creates Pitfalls for Buyers of Unionized Operations

On July 18, 2016, the Board issued a split decision (Member Miscimarra dissenting) in Nexeo Solutions, LLC, 364 NLRB No. 44, in which it found that the buyer, Nexeo, was a “perfectly clear” successor of the seller’s unionized employees thereby precluding it from being able to set initial terms and conditions of employment unilaterally.

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Regional Director Had Authority to Certify Election Despite NLRB’s Lack of Quorum

By | Labor Relations Today | July 26, 2016
Regional Director Had Authority to Certify Election Despite NLRB’s Lack of Quorum

On July 15, 2016, the Board issued its decision in Hospital of Barstow, Inc., 364 NLRB No. 52, on remand from the D.C. Circuit (Hospital of Bartow, Inc. v. NLRB, 820 F.3d 440), addressing the issue of whether the Regional Director retained authority, despite the Board’s lack of a quorum in 2012 and 2013, to certify the union after an election held pursuant to a consent election agreement.

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NLRB Finds Increased Use of Joint Employees Justifies Removal of Barriers to Organization

On July 11, 2016, the National Labor Relations Board (the “NLRB” or “the Board”) upended more than a decade of precedent and held that a single bargaining unit may be comprised of an employer’s direct hires and the temporary workers provided by a “joint employer” without prior consent from either employer. 

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