If Trump's
NLRB succeeds in this case, it will set a chilling new national precedent, silencing working people and organized labor.
In April, once
NLRB Chairman John Ring wasinstalled as the fifth memberof the
NLRB to provide a Republican majority for all consequential actions, the wheels were set in motion to restore a much-needed balance on a number of matters.
senators who had questions about this development, Ring indicated that a majority of the
NLRB is "committed to engage in rulemaking" and that it will issue a Notice of Proposed Rulemaking (NPRM) on the joint employment issue "certainly by this summer." He noted that internal preparations are already under way and that the
NLRB is already working toward issuing the proposed rule.
As employers began to assert in the late 1990s and early 2000s that the same standards applicable to copy machines, public address systems, and telephones should also apply to email systems, the
NLRB General Counsel's Division of Advice (the Division of Advice) issued Advice Memoranda in several cases.
In addition, the
NLRB is in the midst of expanding the Act's protections to more employees and more activity, (30) making it unlikely that the
NLRB will decline jurisdiction by finding an employer exempt from the Act.
Also unclear is whether those are the only grounds that could justify a confidentiality requirement --
NLRB decisions have been inconsistent on that question, and employers have not been successful arguing to the
NLRB that anti-retaliation laws (such as federal and state equal employment opportunity statutes) effectively require imposing confidentiality on internal investigations.
Supreme Court affirmed this principle in the case of
NLRB v.
Although the
NLRB general counsel's actions may have been the catalyst for the new Texas law, because of the strong pre-emptive reach of the National Labor Relations Act, it is unlikely that the law will affect
NLRB decision-making about joint employment.
Now, there is even an
NLRB mobile iPhone and Android application available that provides employees and unions with information regarding their rights and obligations.
Under current
NLRB election procedures, an election petition typically proceeds to an election in a period of about six weeks.
However, under the current administration, the
NLRB has sought to emerge from obscurity and place its mark on nonunionized businesses.
M2 EQUITYBITES-January 2, 2015-FairPoint announces official ruling by
NLRB of lawful action in labour proposal implementations
