On Sept. 14, the National Labor Relations Board published a proposed rule that would establish an updated standard for determining joint-employer liability under the National Labor Relations Act. The proposal aims to foster predictability, consistency and stability in the determination of joint-employer status, and therefore clarifies the standard in a way that promotes meaningful collective bargaining and advances the purposes of the NLRB.
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On May 9, the Trump administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to release through the end of the year and into 2019.
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Citing a survey of ABC member and chapter labor attorneys that found widespread dissatisfaction with the 2014 “ambush” election final rule, ABC submitted comments urging the National Labor Relations Board to rescind the rule in whole or in significant part and return to the election procedures that were in effect and working well prior to the new rule’s adoption.
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On April 11, the U.S. Senate voted 50-48 to confirm John Ring to be a member of the National Labor Relations Board (NLRB). Mr. Ring's confirmation brings the NLRB back to five members: three Republicans and two Democrats. ABC sent a letter to the Senate in support of Mr. Ring, who served as a partner at Morgan Lewis. ABC will count Wednesday's vote as a key vote for the 115th congressional scorecard.
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The National Labor Relations Board has announced another extension for the public to submit comments to its request for information on the 2014 “ambush” election rule, also known as Representation-Case Procedures.
The deadline for submitting information has been extended from March 19 to April 18, 2018.
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In a Dec. 19, 2017
Newsline article, ABC reported that the Republican majority members of the National Labor Relations Board (NLRB) overruled the board’s 2015 decision in
Browning-Ferris Industries and returned to the previous joint employer standard that was in place for more than 30 years. The reversal was a victory for employers nationwide. However, on Feb. 26, the NLRB moved to vacate a recent joint employer decision (
Hy-Brand Industrial Contractors Ltd.) and as a result, the board’s December action on the
Browning-Ferris Industries is of no force or effect.
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On Jan. 26, the National Labor Relations Board announced an extension for the public to submit responses related to its Request for Information on the 2014 “ambush” election final rule, also known as Representation-Case Procedures. The deadline for submitting information has been extended from Feb. 12 to March 19, 2018.
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On Jan. 12, President Trump announced his intent to nominate John F. Ring to be a member of the National Labor Relations Board. Ring is a partner at the law firm of Morgan Lewis & Bockius and co-leader of the firm’s labor/management relations practice. If confirmed, Ring will reinstate a Republican majority on the board; the current board is deadlocked at 2-2, following former Chairman Phil Miscimarra’s departure in December.
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The National Labor Relations Board recently issued decisions that are favorable to the employer community. On Dec. 14, the Board overruled both the 2015 decision in Browning-Ferris Industries as well as the Lutheran Heritage Village-Livonia case. On Dec. 15, the Board overruled the decision in Specialty Healthcare, which allowed for the formation of so-called 'micro’ bargaining units.
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On Sept. 16, President Trump nominated labor attorney Peter B. Robb to serve as General Counsel of the National Labor Relations Board (NLRB). Robb, who currently serves as the director of labor and employment at the law firm Downs Rachlin and Marin, previously served as chief counsel to former NLRB Member Robert Hunter (R) and as special labor counsel to the law firm Proskauer Rose from 1985 to 1995.
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