A Bang, Not A Whimper

The term of National Labor Relations Board Chairman Philip Miscimarra ended at midnight last Saturday in a blaze of glory as the new NLRB republican majority overturned several egregious Obama-era decisions, the last of which was the 2011 Specialty Healthcare ruling. Under Specialty Healthcare, workers under certain circumstances were allowed to form bargaining units representing…

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NLRB Reverses Joint Employer

Yesterday, the National Labor Relations Board officially overturned its egregious joint-employer standard (imposed by the Obama NLRB in its Browning-Ferris decision in 2015) and restored the historical standard of “direct and immediate” control. Now with a 3-2 republican majority under President Trump, the NLRB ruled yesterday on a 3-2 party-line vote that the standard created…

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NLRB Not Done Yet

As great as their joint employer standard reversal is, it appears that the Trump-era NLRB is not stopping there! In a separate ruling also released yesterday, the NLRB reversed the standard the agency created in its 2004 Lutheran Heritage Village-Livonia decision that employer policies that could be reasonably construed by an employee to prohibit or…

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NLRB Appointments, Again

That’s right, President Trump did recently provide a full 5-member complement of appointees to the National Labor Relations Board (NLRB) in addition to new NLRB General Counsel Peter Robb – but now has a new vacancy to fill, again. The term of current NLRB Chairman Philip Miscimarra is set to expire one week from tomorrow,…

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Rescinding Regulations

The new general counsel of the National Labor Relations Board, management side attorney Peter Robb, is wasting no time before sinking his teeth into the regulatory meat of the Obama administration labor record. General Counsel Robb, who replaced Richard Griffin when his term expired last month, issued a memo to staff on the first of…

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House Passes Joint Employer “Fix”

Earlier this week by a vote of 49 – 46, the US House of Representatives passed the Save Local Business Act, (H.R. 3441) sponsored by Alabama Representative Bradley Byrne. The legislation was drafted in response to the egregious expansion of the joint employer definition by the National Labor Relations in the Browning-Ferris decision just over…

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Griffin Out, Robb Confirmed

Speaking of the NLRB and their egregious decision on joint-employer, the architect of that ruling, General Counsel Richard Griffin, was working under a fixed term contract which expired on November 1 and he is no longer with the NLRB. Effective the first of this month, Griffin was out as General Counsel and the acting general…

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NLRB Set, Trump Nominates New FTC Chair

With the National Labor Relations Board now at full strength, with his final Director appointments confirmed, sworn in and seated, President Trump this week announced his nomination of antitrust attorney Joseph Simons as the new chairman of the Federal Trade Commission (FTC). Simons, whose formal appointment is also subject to US Senate confirmation, is co-chairman…

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Joint-Employer Revision Advances in House

One committee in Congress also moved to address a ‘disaster’ of a different sort this week when it gave formal approval to H.R. 3441, the Save Local Business Act. On a party-line vote of 23 – 17, the House Education and the Workforce Committee advances the bill, which narrows the extent to which certain businesses…

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NLRB Counsel Corrects Answer to SCOTUS

The author of the aforementioned expansion of the joint-employer definition, lame-duck NLRB General Counsel Richard Griffin sent a letter to the United States Supreme Court (SCOTUS) this week to clarify and correct “a series of inaccurate answers” he gave during oral arguments on Monday in the case of NLRB v. Murphy’s Oil. The issue in…

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