Overview: The National Labor Relations Board (NLRB or the Board) was created to enforce the provisions of the National Labor Relations Act (NLRA), which prohibits employers from engaging in certain conduct that interferes, restrains, or coerces employees in the exercise of their rights. The NLRB essentially acts as a panel of judges to hear and prevent unfair labor practices. It has numerous powers including the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of documents, as well as ordering any person to "cease and desist" from an unfair labor practice and to provide remedies. The NLRB has further power to petition any US court of appeals to enforce any order of the board, subject to the full contempt powers of the US courts for noncompliance.
Although many private non-union employers have not had much experience with the NLRB, they should be aware, however, that there are very few exceptions as to what is defined as an employer and employee under the NLRA. Therefore, private non-union employers should acquaint themselves with the NLRA and the NLRB process because they are not immune from being subject to an unfair labor practice charge.
Trends: Recent NLRB decisions have caused a stir among employers - both union and non-union. The NLRB has been on a crusade targeting employer policies that it considers a violation of an employee's right to engage in a protected concerted activity under the NLRA. Social media policies, confidentiality provisions, at-will clauses, and arbitration agreements have all been under recent scrutiny. According to the NLRB, even a policy requiring employees to be courteous may be unlawful!
Author: Melissa Boyce, JD, Legal Editor
The United States Circuit Court of Appeals for the District of Columbia Circuit could either uphold the National Labor Relations Board's Browning-Ferris ruling or overturn it, thereby opening the door for the court or the NLRB to issue a new joint employment standard.
The National Labor Relations Board has vacated its 2017 Hy-Brand decision, thereby restoring the 2015 Browning-Ferris decision, under which employers can be considered to be joint employers under federal labor law if they exercise indirect control of shared employees or reserve the right to control shared employees.
President Trump has nominated management-side attorney John Ring to fill a vacancy on the National Labor Relations Board. If confirmed, Ring will solidify a 3-2 Republican majority on the NLRB.
An employer should understand recent legal developments from the National Labor Relations Board and how it affects its workplace. XpertHR rounds up resources to help an employer comply with these developments.
Updated in light of the NLRB General Counsel Memo 18-02 concerning employer rules and other significant workplace issues.
In its last week with a Republican majority, the National Labor Relations Board (NLRB) reversed several labor relations rulings issued by the prior Democrat-led Board, restoring standards that had been followed for decades.
The National Labor Relations Board has reversed the 2015 Obama-era Browning-Ferris Industries ruling that had greatly expanded the definition of joint-employers, and restored the joint-employer standard of "direct control" that had been followed for decades.
A new memorandum from the National Labor Relations Board requires regional offices to consult with the General Counsel's office on cases with "significant legal issues" and effectively prevents regional board officers from using discretion to pursue cases against employers based on Obama-era policies and rulings.
The Supreme Court has agreed to hear a landmark case involving the dues unions collect to support their collective bargaining efforts that potentially could affect millions of teachers and other public school employees.
With a Republican majority, the NLRB could reverse its 2015 Browning-Ferris decision on joint employment and reform the "ambush election" rule.
HR guidance on the NLRB and enforcement against unfair labor practices.