NLRB Overrules DuPont Case, Now Allowing Unilateral Action Consistent with Past Practice
On December 15, 2017, in a 3 to 2 decision, the National Labor Relations Board overruled its 2016 DuPont case, which had ruled that an Employer violated the National Labor Relations Act by not bargaining with a union over a change that was totally consistent with a long-held past practice. The new case involved changes an Employer had made to healthcare benefits annually from 2001 to 2012. The NLRB determined that, because of this long-established past practice, there was no
NLRB Overrules Specialty Healthcare, Eliminating "Overwhelming Community of Interest" Stan
In a 3 to 2 decision, the National Labor Relations Board has overruled the controversial Specialty Healthcare decision of 2011. The Board has reinstated the traditional “community of interest” standard for determining whether a bargaining unit sought by a union is appropriate. Under Specialty Healthcare, a union could petition for a subset of employees in a larger department. If that subset of employees shared a community of interest among themselves – and the Employer took t
Common Sense Returns to the NLRB
What a difference a Management majority on the National Labor Relations Board makes! In a 3 to 2 decision involving The Boeing Company, the Board, under the leadership of Chairman Philip A. Miscimarra, overruled prior precedent that governed whether facially neutral workplace rule policies and handbook provisions unlawfully interfered with employees’ rights. The NLRB has established a new test that overrules the old standard, which tried to determine whether employees would r
NLRB Reinstates Prior "Joint Employer" Standard
More good news from the National Labor Relations Board! In a 3 to 2 decision, the NLRB has overruled its 2015 decision in Browning Ferris, which previously made it much easier for unions to prove “Joint Employer” status. Under the reinstated standard, there must be proof that one entity has exercised control over the essential employment terms of another entity’s employees, and has done so directly and immediately – rather than indirectly – in a manner that is not limited and
New NLRB Management Majority Revisiting "Quickie" Election Rule
NLRB Chairman Philip A. Miscimarra and new Board Members Marvin E. Kaplan and William J. Emanuel have approved the publication of a Request for Information in the Federal Register asking for public input regarding the NLRB’s 2014 “Quickie Election” Rule. This press release (below) asks three questions and states that responses will be accepted from December 13, 2017 to February 12, 2018 (click here to review the complete instructions for filing responses). Pro-union Board Mem
