NLRB Drops 30-Year Precedent On Employers’ Right to Unilaterally Oust Unions Representing ‘Mixed-Guard’ Units

NLRB Drops 30-Year Precedent On Employers’ Right to Unilaterally Oust Unions Representing ‘Mixed-Guard’ Units

A divided National Labor Relations Board has overturned its 30-year-old rule that an employer may withdraw recognition, even without a showing of a loss of majority status, from a voluntarily-recognized union that represents both guards and non-guards (“mixed-guard union”) with respect to a unit of guards.

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NLRB Associate General Counsel Warns Regions About ‘Potential Literacy Issues’

NLRB Associate General Counsel Warns Regions About ‘Potential Literacy Issues’

The Associate General Counsel of the National Labor Relations Board has notified the NLRB’s Regional Directors, Officers-in-Charge and Resident Officers that they “should be cognizant of potential literacy issues when considering remedies” and consider requiring employers who have been found in violation of the Act to read aloud the Board’s “Notice To Employees” to assembled employees to overcome written language barriers in appropriate cases.

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A Call for Harmony Between the EEOC and NLRB’s Rules Concerning Prevention and Investigation of Workplace Harassment

A Call for Harmony Between the EEOC and NLRB’s Rules Concerning Prevention and Investigation of Workplace Harassment

The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for change, calls for interagency clarification between the EEOC and the NLRB on how employers may investigate harassment while requesting confidentiality, how they may promote general civility through workplace harassment policies, and how employers may prevent and respond to harassment through social media. 

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A Call for Harmony Between the EEOC and NLRB’s Rules Concerning Prevention and Investigation of Workplace Harassment

A Call for Harmony Between the EEOC and NLRB’s Rules Concerning Prevention and Investigation of Workplace Harassment

The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for change, calls for interagency clarification between the EEOC and the NLRB on how employers may investigate harassment while requesting confidentiality, how they may promote general civility through workplace harassment policies, and how employers may prevent and respond to harassment through social media. 

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Employer Attacks NLRB’s New Joint Employer Standard On All Fronts in Court Brief

Employer Attacks NLRB’s New Joint Employer Standard On All Fronts in Court Brief

Browning-Ferris Industries of California, Inc. took its first shot at convincing the U.S. Court of Appeals for the District of Columbia Circuit to reject the National Labor Relations Board’s new joint employer standard and vacate two decisions that obligate the company to bargain with the Teamsters as a joint employer of temporary employees assigned to its facility.

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Another Court of Appeals Upholds NLRB’s ‘Micro-Unit’ Policy for Union Elections

Another Court of Appeals Upholds NLRB’s ‘Micro-Unit’ Policy for Union Elections

The Fifth Circuit Court of Appeals, in New Orleans, is the latest circuit court to uphold the National Labor Relations Board’s restrictive “micro-unit” approach to voting units in NLRB elections adopted in Specialty Healthcare, 357 NLRB No. 83 (2011). Macy’s Inc. v. NLRB, No. 15-60022 (5th Cir. June 2, 2016).

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NLRB “Quickie Election Rule” Upheld by Fifth Circuit

NLRB “Quickie Election Rule” Upheld by Fifth Circuit

On June 11, 2016, the United States Court of Appeals for the Fifth Circuit upheld the National Labor Relations Board’s (the “NLRB’s” or the “Board’s”) regulations enacted last year, radically altering the traditional rules governing union elections.

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