On Sept. 6, the NLRB announced a new joint employer proposed rule, which would rescind and replace the ABC-supported 2020 final rule on Joint Employer Status Under the National Labor Relations Act. ABC plans to submit comments opposing the new proposal, and members are encouraged to do so as well. The deadline for the public to comment is Nov. 7.
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On July 12, the ABC-led Coalition for a Democratic Workplace issued a new report criticizing unions’ newest efforts to implement electronic voting in union representation elections.
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On June 16, the ABC-led Coalition for a Democratic Workplace and several other employer organizations filed an amicus brief with the U.S. Supreme Court requesting review of the Washington Supreme Court’s recent decision in Glacier Northwest, which stated that the National Labor Relations Board preempts state tort suits, allowing unions and their supporters to intentionally destroy an employer’s property while claiming to be engaged in protected concerted activity.
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On May 9, ABC and the Coalition for a Democratic Workplace sent a letter to the Senate Health, Education, Labor and Pensions Committee to voice concerns with the current tension between federal anti-discrimination laws and federal labor relations laws as implemented by the National Labor Relations Board and its general counsel.
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On March 7, the ABC-led Coalition for a Democratic Workplace filed an amicus brief in Stericycle, a case in which the National Labor Relations Board is considering changing the way it reviews employer handbook rules to determine if they violate workers’ rights to collectively bargain. On Jan. 6, the board invited parties and amici to submit briefs. ABC along with several other organizations joined the brief.
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On Feb. 11, the ABC-led Coalition for a Democratic Workplace filed an amicus brief before the National Labor Relations Board in The Atlanta Opera, a case dealing with the independent contractor standard.
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On Sept. 29, National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 21-08 to all Field offices asserting that student-athletes receiving scholarships at private colleges and universities are employees under the National Labor Relations Act.
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On Aug. 28, David M. Prouty was sworn in as a new Democratic member of the National Labor Relations Board for a term expiring on Aug. 27, 2026. Prouty replaces Republican member William Emanuel, whose term expired in August. Democrats now have a 3-2 majority, with Marvin Kaplan and John Ring serving as the two Republican members.
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On Aug. 12, the National Labor Relations Board’s new general counsel, Jennifer A. Abruzzo, issued Memorandum GC 21-04 to all NLRB regional offices, which outlines the priorities of the Office of the General Counsel.
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On July 21, the National Labor Relations Board issued a decision in Lippert Components Inc. 371 NLRB No. 8 (2021), finding that a union did not violate the National Labor Relations Act through its use of inflatables and banners intended to target employers.
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