Two years ago, as we discussed here and here, in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), the U.S. Supreme Court held unconstitutional President Obama’s January 2012 recess appointments of Members Block, Flynn and Griffin to the National Labor Relations Board (“Board” or “NLRB”). The decision cast into doubt the validity of hundreds of NLRB orders and official actions.
Recently, in Advanced Disposal Services East Inc. v. NLRB, decided April 21, 2016, the employer, Advanced Disposal Services, unsuccessfully attempted to invalidate actions taken by Regional ...
[caption id="attachment_1437" align="alignright" width="98"] Steven M. Swirsky[/caption]
In a further incursion into the area of the gig and new age economy, the Regional Director for the National Labor Relations Board’s Los Angeles office has issued an unfair labor practice complaint alleging that it is a violation of the National Labor Relations Act (the “Act”) for an employer to misclassify an employee as an independent contractor.
The Complaint, which is based on a charge filed by the International Brotherhood of Teamsters, through its’ Justice For Port Truck ...
[caption id="attachment_1437" align="alignright" width="98"] Steven M. Swirsky[/caption]
NLRB General Counsel Richard F. Griffin, Jr. has released a General Counsel Memorandum that offers an unusually frank insight into how he intends to use his office for the remainder of his term to pursue what he calls “initiatives and/or priority areas of the law and/or labor policy” to set an agenda to expand the rights of both represented and unrepresented employees and to pare back, substantially in many circumstances, the rights of employers in collective bargaining, responding ...
Steve Swirsky, one of the co-editors of this blog, is featured on Employment Law This Week. He discusses the NLRB's General Counsel memo that outlines the agency's top enforcement priorities for 2016.
The General Counsel for the National Labor Relations Board has issued an internal memo that offers employers insight into his office’s initiatives and emphasis this year. The memo describes the types of cases that must be submitted to the Division of Advice for review, rather than decided by the Regional Office where the charge was filed. Among other priorities, the General ...
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Recent Updates
- Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted
- New York State Bans Workplace “Captive Audience” Meetings
- Federal Government Continues Initiatives to Limit Employer Opposition to Union Organizing
- NLRB Issues Final Rule on Joint-Employer Status, Answering a Major Question No One Asked
- NLRB Delivers Labor Day Gifts to Unions