We Are Open (With Safety Precautions) & Ready To Help:  Click Here To Watched Our Covid-19 Webinar — What Employers Need to Know


Written on .

The National Labor Relations Board (NLRB), through its Republican majority and aggressive General Counsel, Peter Robb, has publicized various positive changes, many of which add clarity or more even-handed decision-making to the NLRB.  On May 22, 2019, the announcement indicates that the Board will consider rule-making in the following areas: 

  • A joint-employer standard.
  • The Board's current representation - case procedures (the so-called "quickie" election rule).
  • The Board's current standards for blocking charges, voluntary recognition, and the formation of Section 9(a) bargaining relationships in the construction industry.
  • The standard for determining whether students who perform services at private colleges are employees.
  • Standards for access to an employer's private property.

It should be noted that rule-making is rare at the NLRB, but it offers certain advantages including the fact that rules once established are harder to reverse in a future administration.  The quickie election rule during the Obama Administration is an example of recent rule-making.

It is not just in rule-making that the NLRB is having a major impact.  The NLRB General Counsel, Peter Robb, has the ultimate authority of the position to be taken by the Board in litigation and whether to issue a complaint that would start the litigation process over an issue.  The Obama-era NLRB overturned some 92 NLRB precedents, and the current General Counsel is anxious to reverse many of those rulings as well as set forth new favorable precedents.  Some of the areas the General Counsel would like to address and change Obama-era precedent include changing union's power during contract negotiations, assessing employer arbitration agreements, the NLRB's standards for deferring to arbitration, issues pertaining to the discussion of workplace investigations, and those relating to unions' displaying the inflatable cartoon balloon known as "Scabby the Rat" at labor demonstrations.   The General Counsel's office has advocated for changes to Board law to remove employers' obligation to deduct dues after a collective bargaining agreement expires; allow workers to revoke their dues authorizations when there is no contract in effect; and permit employers to stop making pension contributions when their collective bargaining agreement expires and pension fund documents indicate that payment should stop.  Important new labor precedents have already been set overturning Obama-era rulings on workplace rules, employment classification, and micro-units.

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

medical healthcare, indoors

Supreme Court Again Upholds Affordable Care Act

California v. Texas, the Supreme Court has again upheld the provisions of the Affordable Care Act (ACA), often known as ObamaCare. A fede...
sticky notes, wall, indoors

No-match Social Security Letters Discontinued

In the past, the Social Security Administration (SSA) during periods of time has issued so-called "no-match letters" to employers with "a...

Supreme Court Allows Catholic Group to Exclude Foster-care Rights

The public and the courts continue to debate whether there should be religious exemptions to LGBT anti-discrimination laws. In other word...
restroom neon light

EEOC Addresses Controversial LGBT Restroom Policies

A year ago the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII outlawed workplace bias based on sexual orientation a...
buttons on a table, indoor

Labor Board to Reconsider Employer Restrictions on Wearing Buttons and Other Insignia in the Workplace

Many employers do not like the idea of employees wearing pro-union shirts or buttons on the job. In the past, however, and particularly d...
monopoly houses on a wooden table indoors

Supreme Court Rejects Union Access to Employer's Property in California

A strong ruling for employers' private property rights was issued by the U.S. Supreme Court in June in Cedar Point Nursery v. Hassid, No....

Wimberly, Lawson, Steckel, Schneider & Stine

3400 Peachtree Road, Ste 400 / Lenox Towers / Atlanta, GA 30326 /404.365.0900

Where Experience Counts

Thank you for visiting the firm's website. Please note that this website is intended for general information purposes only and does not constitute an offer of representation or create an attorney-client relationship with the firm. The firm welcomes receipt of electronic mail but the act of sending electronic mail alone does not create an attorney-client relationship. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the firm's copyright notice.

© 2020 Wimberly, Lawson, Steckel, Schneider & Stine P.C. | Site By JSM