Searching Content by Michael Lebowich from Proskauer Rose LLP ordered by Published Date Descending.
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NLRB Puts A Finer Point On Its Community Of Interest Test With A New Three-Step Analysis
Still hard at work as we head into mid-September, the National Labor Relations Board, in a 3-1 decision (Chairman Ring and Members Kaplan and Emanuel in the majority, Member McFerran dissenting)
United States
20 Sep 2019
Using A Cat To Chase The Inflatable Rat: NLRB General Counsel Urged Reconsideration Of Board Precedent Regarding Banners And Signal Picketing Of Neutral Employers
Continuing its efforts to overturn precedent, the NLRB General Counsel's Division of Advice has issued a new advice memorandum looking to strike at the most recognizable sign of unionism in urban areas today – –
United States
21 May 2019
You've Got Mail: NLRB Requests Briefing On Standard For Employee Use Of Employer Owned Electronic Communication Systems
In what could signify the beginning of the end for Purple Communications, Inc., 361 NLRB 1050 (2014) and guaranteed employee access to Employer computer systems for union organizing purposes...
United States
10 Aug 2018
NLRB General Counsel Issues Handbook On Handbook Rules
Following up on the NLRB's decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) ...
United States
14 Jun 2018
ABOUT FACE! Under Pressure, NLRB Vacates Joint Employer Standard And Returns To Browning-Ferris
In an unexpected and critical turn of events, after extensive political pressure, the NLRB, sitting as a three-member panel comprised of Chairman Kaplan and Members Pearce and McFerran...
United States
1 Mar 2018
"Micro-Units" Eliminated: NLRB Overturns Specialty Healthcare
Just as in the other Obama-Board holdings that have fallen in recent days, Members Pearce and McFerran forcefully dissented in the decision.
United States
20 Dec 2017
Here We Go: The Full Board Finally Starts To Make Its Mark
A more detailed analysis will follow, but here are the main takeaways.
United States
19 Dec 2017
Wealth Management Update - August 2017
The August § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4%, up slightly from 2.2% in July.
United States
1 Aug 2017
Micro-Units Under The Microscope: The Second And Fifth Circuit Courts Consider Specialty Healthcare And Its Misapplication
On appeal, the Second Circuit upheld the Specialty Healthcare standard, but remanded the case to the Board.
United States
7 Dec 2016
Permanent Pause To Persuader Rule: Texas Court Issues Permanent Nationwide Injunction
In National Federation of Independent Business v. Perez, a federal judge in Texas issued a permanent injunction preventing the DOL from enforcing its new interpretation...
United States
22 Nov 2016
Stuck With It: Labor Board Forces Employers To Recognize Bargaining Units That Contain Employees Of Two Or More Separate Employers
Returning to a decision it made 16 years ago (but was overturned just 4 years after that), the NLRB has once again ruled that it will certify a bargaining unit containing individuals from two or more separate employers without those employers' consent.
United States
14 Jul 2016
In For The Long Haul As The Fifth Circuit Upholds NLRB's "Quickie" Election Rule
Last April, the National Labor Relations Board ("Board") implemented it's new expedited union representation procedures.
United States
16 Jun 2016
Board Outs 32-Year-Old Rule Allowing Employers To Oust Mixed-Guard Unions
For thirty-two years, it has been a settled proposition that an employer may, upon the expiration of a contract, refuse to continue to negotiate with a "mixed-guard" union that represents its security guards.
United States
16 Jun 2016
NYC Expands Scope Of Displaced Building Service Workers Protection Act
In 2002, Mayor Bloomberg signed the New York City Displaced Building Service Workers Protection Act ("DBSWPA" or "Act") into law.
United States
12 May 2016
NLRB Requests Amicus Briefs In Two Significant Cases
On Friday, February 19, 2016, the NLRB invited interested individuals and organizations to file amicus briefs on two important legal issues where the Board is considering overturning existing precedent.
United States
4 Mar 2016
NLRB Issues Union Friendly Decision Regarding Applicability Of Quickie Rules: When 94% Just Ain't Enough
With that the NLRB's quickie election rules going into effect in April 2015, we are just now starting to see the Board decide cases applying the new rules.
United States
26 Oct 2015
The National Labor Relations Board Says "Happy Labor Day" With Flurry Of Late Summer Pro-Union Moves
On September 1, the General Counsel issued guidance that unions may submit electronic signatures to satisfy a showing of interest in representation cases.
United States
11 Sep 2015
Too Close For Comfort? NLRB Departs From Long Standing Joint Employer Standard
We will, of course, be providing further detailed analysis and guidance on the sweeping implications of this new standard in the days and weeks to come.
United States
1 Sep 2015
National Labor Relations Board Issues New Rules Looking To Speed Up Union Election Process
On December 12, 2014, the National Labor Relations Board (NLRB or the Board) issued its long-promised revision to its representation-case procedures.
United States
19 Dec 2014
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