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Labor Relations / Unions

Judge enjoins NLRB in-house trial over constitutional challenge

10/10/2024
The Supreme Court ruled that agency trials conducted by administrative law judges appointed by the agency violated the constitutional right to trial by jury. Since then, some employers have questioned the process that agencies like the NLRB use when charging employers with violating laws including the NLRA.

McFerran’s renomination as NLRB chair under fire over divisive speech

07/15/2024
As NLRB chair, Lauren McFerran’s leadership has drawn fire from business interests who contend the board’s recent rulings have run roughshod over employer rights. That has put her renomination in a precarious spot.

McFerran nominated to serve third term on NLRB

07/01/2024
National Labor Relations Board Chair Lauren McFerran’s current term doesn’t end until December. However, if the Senate confirms her nomination again, it will ensure the NLRB retains a Democratic majority until at least August 2026, even if presumptive Republican presidential nominee Donald Trump defeats Biden in November.

Supreme Court Starbucks ruling reins in NLRB

06/17/2024
In a unanimous decision handed down June 13, the U.S. Supreme Court made it harder for the National Labor Relations Board to intervene in employers’ decisions.

Beware the sweeping power of that other federal agency: The NLRB

06/03/2024
The NLRB doesn’t have to file lawsuits to force compliance. In fact, it manages its entire enforcement process by itself. It investigates and gathers information, determines whether a violation occurred and, if so, decides on the punishment. The NLRB is, in effect, the judge, jury and executioner of unfair labor practices cases.

Court: Your policy can require employees to keep ‘spy cams’ turned on

05/28/2024
A federal court has upheld an employer’s handbook rule requiring full-time camera monitoring of employees. The ruling is a victory for employers who want to track the behavior of employees they can’t directly observe.

Biden vetoes resolution blocking NLRB joint-employer rule

05/20/2024
The rule would have made it easier for workers filing unfair labor practices charges to claim they work for more than one employer.

Union election petitions rising dramatically, unfair labor practices charges also up

04/15/2024
Union election petitions rose 35% in the first six months of fiscal year 2024 compared to the same period a year ago, while unfair labor practices charges filed with the National Labor Relations Board increased 7%.

NLRB joint-employer rule blocked from taking effect

03/18/2024
A federal judge in Texas has vacated the National Labor Relations Board’s new joint-employer rule, calling it “arbitrary and capricious.”

Discouraging even one worker from complaining violates the NLRA

03/13/2024
The NLRA applies to just about every private-sector employer, setting strict rules for what employers can and cannot do when setting workplace rules. For example, it makes it illegal to tell employees not to discuss workplace conditions among themselves. However, until February, discussing work conditions had to involve at least two employees. Not anymore.