On Aug. 10, Marvin Kaplan (R) and Lauren McFerran (D) were sworn in for their second terms on the National Labor Relations Board. ABC supported Kaplan’s nomination to serve a second term and sent a letter to Senate leadership encouraging his confirmation.
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On July 29, the National Labor Relations Board issued a proposed rule titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave, which proposes two amendments to the representation election regulations under the National Labor Relations Act.
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In March, the AFL-CIO sued the National Labor Relations Board to block its 2019 final election rule, officially known as Representation-Case Procedures, which would modify procedures for union elections and scale back provisions of the Obama-era “ambush” election rule. On May 30, the U.S. District Court for the District of Columbia blocked several aspects of the NLRB’s 2019 final rule, which were scheduled to go into effect on May 31.
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On April 1, the National Labor Relations Board published its final rule on Representation – Case Procedures: Election Bars; Proof of Majority Support in Construction-Industry Collective-Bargaining Relationships, which makes three amendments to its rules and regulations governing the filing and processing of petitions for an NLRB-conducted representation election and proof of majority support in construction-industry collective-bargaining relationships. The final rule will go into effect on June 1.
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On Jan. 9, ABC filed comments to the National Labor Relations Board in support of a proposed rule that would implement three amendments to the representation election regulations under the National Labor Relations Act.
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On Oct. 4, the National Labor Relations Board announced an extension of the comment period on its proposed rule that would amend the NLRB’s representation election regulations. The deadline for submitting comments has been extended from Oct. 11 to Dec. 10, 2019.
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On Aug. 12, the National Labor Relations Board published a Notice of Proposed Rulemaking titled Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships, which proposes amendments to the representation election regulations.
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On July 25, the ABC-led Coalition for a Democratic Workplace testified before a House subcommittee on the Protecting the Right to Organize Act (H.R. 2474), which would jeopardize workers’ privacy, constitutional rights and freedoms if passed. This legislation currently has 186 Democrat cosponsors and is essentially a “union boss wish list,” as Ranking Member Tim Walberg (R-Mich.) described it in his opening statement.
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On May 22, the Trump administration released its Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and into 2020.
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On Dec. 28, 2018, the D.C. Circuit Court of Appeals ruled in the 2015
Browning-Ferris Industries v. National Labor Relations Board case, which greatly expanded joint employer liability under the National Labor Relations Act. The divided court upheld portions of the Obama-era standard for determining “joint employer” status and remanded the case back to the NLRB for further consideration.
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