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To embed, copy and paste the code into your website or blog: The first few weeks in the Biden administration have been nothing short of busy. At the National Labor Relations Board (Board), it seems like there has been no time to waste in prioritizing items on the administration’s agenda. Only hours after being sworn into office on Jan. 20, 2021, President Biden took unprecedented action and fired Trump-appointed General Counsel Peter Robb. Former General Counsel Robb was reportedly offered the opportunity to resign, but refused, and was then fired. Robb’s term was set to expire in November of this year. A day later, Biden terminated second in command, Deputy General Counsel Alice Stock. President Biden appointed Peter Sung Ohr to serve as Acting General Counsel of the Agency. Ohr, most recently served as the Regional Director of Region 13 of the NLRB in Chicago. ....
Thursday, January 21, 2021 At noon, eastern standard time, on January 20, 2021, Joseph R. Biden Jr. became the 46th president of the United States, giving Democrats control of the executive branch, and, albeit by the thinnest of margins (with Vice President Kamala D. Harris presiding as president of the U.S. Senate), the legislative branch of the U.S. government for the first time since 2011. While that transition will, no doubt, impact a great many national and global issues, the focus of this article is the potential impact that this dynamic will have on U.S. labor law and policy. Those who have been monitoring labor issues since 2008 largely know what to expect. After four years of more management-friendly labor policy, today the pendulum has started to swing in the direction of labor, just as it did in 2008. How far the pendulum swings and how fast is yet to be determined, but all signs indicate the swing could be significant. On the eve of the election, Pres ....
To embed, copy and paste the code into your website or blog: Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the nation. With the change in Presidential administrations, some knowledgeable commentators contend that “everything” in the law and broader economy is now up for change, and much hangs on whether the filibuster rule remains viable in the U.S. Senate. Immediate change is likely, including revocation of Trump Executive Orders and issuance of new ones by President Joe Biden, regulatory changes, and possible legislative amendments to the National Labor Relations Act and other laws. ....
[co-author: Makenzie Way] As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its decision in Boeing established a balancing test that takes into account the employer’s legitimate business interest for the policy at issue, and the nature and extent of the potential impact on NLRA rights. The new framework discarded the previous test of whether employees “would reasonably” construe the language to prohibit protected, concerted activity. Since Boeing, the NLRB General Counsel issued an Advice Memorandum providing extensive guidance regarding the three categories of employment rules, policies and handbook provisions the Board would consider as part of the balancing test, and the Board has issued a number of decisions analyzing employer handbook policies with this in mind (which we have discuss ....
Thursday, January 14, 2021 As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its decision in Boeing established a balancing test that takes into account the employer’s legitimate business interest for the policy at issue, and the nature and extent of the potential impact on NLRA rights. The new framework discarded the previous test of whether employees “would reasonably” construe the language to prohibit protected, concerted activity. Since Boeing, the NLRB General Counsel issued an Advice Memorandum providing extensive guidance regarding the three categories of employment rules, policies and handbook provisions the Board would consider as part of the balancing test, and the Board has issued a number of decisions analyzing employer handbook policies with this in mind (whi ....