Recent Blog Posts
- Organizational Changes at the NLRB – Employment Law This Week Featured on Employment Law This Week: General Counsel Peter Robb could be signaling a shift at the NLRB.
Robb has reportedly suggested structural changes that could establish a new layer of management between the General Counsel and the field. These reports come as the NLRB seeks to adjust to cuts to its budget and a decline in case filings. If implemented, the changes could remove authority from the Regional Directors and shift more decision-making to the GC. Sources report that some changes... More
- 2017 Was a Year of Change at the NLRB – but 2018 Promises Even Greater Changes In the months following Donald Trump’s inauguration, those interested in the National Labor Relations Board (“NLRB” or “Board”) waited anxiously for the new President to fill key positions that would allow the Board to reconsider many of the actions of the past eight years. Over the last six months, the Board has begun to revisit, and overrule, several union-friendly and pro-employee Obama-era Board decisions. The Board’s new General Counsel has also given clear guidance as to where else employers can... More
- Is the NLRB’s General Counsel Planning to “Reorganize” the Labor Board’s Regional Directors and Field Offices? Over the past several weeks there have been conflicting reports concerning what The New York Times described as “a proposal” by Peter Robb, who was sworn in as the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel on November 17, 2017, to “demote” the Board’s Regional Directors and career “senior civil servants who resolve most labor cases,” and transfer their decision making authority to “a small cadre of officials installed above them in the National Labor Relations Board’s hierarchy,” apparently answerable... More
- President to Nominate Management Labor Lawyer John Ring to NLRB The White House has announced that John Ring, co-chair of the Labor & Employment Law practice at a management side law firm, is the President’s choice for the vacancy on the National Labor Relations Board created last month when Board Chairman Phillip Miscimarra completed his term on December 16, 2017. Mr. Ring’s nomination to the Board is subject to Senate confirmation. No date has been set for hearings on the nomination.
The Board is Now Split 2-2
Since Mr. Miscimarra’s departure... More
- NLRB Board Members Signal Intention to Reconsider Board Law on Confidentiality of Settlement Agreements and to Modify the Board’s Blocking Charge “Rule” In footnotes to two recent unpublished NLRB decisions, NLRB Chairman Marvin Kaplan, who was named to that role by the President following the December 16, 2017 conclusion of Philip Miscimarra’s term, and Member William Emanuel offered interested observers an indication of two additional areas of Board law that they believe warrant reconsideration once Mr. Miscimarra’s replacement is nominated and confirmed, and the Board returns to a 3-2 Republican majority.
While unpublished Board decisions “are not intended or appropriate for publication and... More
- TRUMP NLRB STRIKES BACK: NLRB Restores Balance to Labor Relations – Overturning Divisive Obama Board Micro-Unit and Unilateral Change Decisions Last Friday – the day the Star Wars movie Episode VIII hit theaters and the last working day of National Labor Relations Board Chairman Philip A. Miscimarra’s term – the Board continued its efforts to undo some of the most controversial and problematic decisions rendered by the Obama Board before the Republicans temporarily lose their majority. As we previously reported, recent days have seen a stream of significant decisions and other actions from the National Labor Relations Board. Most notably,... More
- NLRB Reverses Key Rulings: New Test for Determining Whether Handbooks, Rules and Policies Violate the NLRA and Return to Pre-Obama Board Test for Deciding Joint-Employer Status and – Assessment of 2014 Expedited Election Rules and Future Changes Also Announced It should come as no surprise that recent days have seen a stream of significant decisions and other actions from the National Labor Relations Board as Board Chairman Philip A. Miscimarra’s term moves towards its December 16, 2017 conclusion and as a new majority has recently taken shape with the confirmation of Members Marvin Kaplan and William Emanuel. Chairman Miscimarra, while he was in a minority of Republican appointees from his confirmation during July 2013 until last month, has clearly and... More
- NLRB General Counsel Peter Robb Issues “Mandatory Submissions to Advice Memo,” Outlining His Approach and Identifying Direction to Come Peter B. Robb, the newly sworn in General Counsel of the National Labor Relations Board has issued a memorandum, Mandatory Submissions to Advice, GC Memo 18-02 (the “Mandatory Submissions Memo”), that offers clear information as to how he is likely to proceed in setting the agenda and priorities for the Office of the General Counsel which is “responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the... More
- Trump Nominee Peter Robb Confirmed as NLRB General Counsel The Senate has confirmed Peter B. Robb as the next General Counsel of the National Labor Relations Board (“NLRB” or “Board”). Mr. Robb, a management side labor lawyer perhaps best known for his representation of the FAA during the 1981 air traffic controllers’ strike, will succeed Richard Griffith, Jr., who was appointed to his four year term by President Barrack Obama in 2013.
Although Mr. Griffin’s term concluded on October 31st, and the Senate sent Mr. Robb’s confirmation to the President... More
- Lawmakers Get One Step Closer To Reversing The NLRB’s Controversial Joint Employer Standard
The House of Representatives recently passed the Save Local Business Act (H.R. 3441), which marks an important step in the campaign to reverse the Board’s controversial loosening in Browning Ferris Industries of the long standing tests for determining whether two businesses are joint employers expansion and share bargaining obligations and liability for each other’s actions. The measure seeks to protect businesses with staffing, franchise and other contractual relationships from liability and union bargaining obligations for another business’ workers unless one business... More