Articles and Blogs

The National Labor Relations Board (“NLRB”) has decided to allow a union to present electronic evidence of employee authorization in support of a request for a secret ballot election in the private sector. This move may make it even easier for a union to gather support and raises many concerns about how employees use computers... READ MORE

In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”).  The NLRA governs labor management relations in the private sector.  This three-to-two decision applies long-established principles to find that two or... READ MORE

Time to Get Serious The NLRB has scheduled two days for public comment on the proposed “Quickie Election Rule” that we reported in our article “Quickie Election Rule II” – The NLRB Tries Again earlier this month.  The meetings will be held in Washington D. C. on April 10 and 11.  The deadline for written comments... READ MORE

Here We Go Again, “Quickie Election II” As we predicted in our last post, “It’s Official – The NLRB’s “Quickie Election Rule” Is Rescinded,” the National Labor Relations Board (“NLRB”) announced on February 4, 2014 that it is issuing proposed amendments to its rules and regulations governing representation-case procedures. In substance, the proposed amendments... READ MORE

Not So Quick On January 22, 2014, the National Labor Relations Board (“NLRB”) published in Federal Registerthe  its official rescission of the so-called “Quickie Election Rule” that would have greatly speeded up union elections in the private sector.  The rescission of the rule restores the NLRB’s former election processes and procedures.  In practical terms,... READ MORE

“Quickie Election Rule” – NLRB Loses Round 2 The NLRB has lost another round in the battle over its so-called “Quickie Election Rule.”  The federal court that on May 14, 2012 put a halt to the NLRB’s rule that would have speeded up union elections in the private sector (see our Employment Law News Article) rebuffed... READ MORE

Good news for private employers.  Today, May 14, 2012 the U. S. District Court for the District of Columbia ruled that the NLRB lacked a quorum when it took a final vote to issue it’s hotly debated “Quickie Election Rule”.  Consequently, the Rule that would have had the effect of drastically speeding up union... READ MORE

In a memo issued today, NLRB Acting General Counsel Lafe Solomon outlined in detail how regional offices will implement new representation case procedures that take effect on Monday, April 30. The guidance covers the entire representation case process from beginning to end, incorporating to the extent necessary the new rules and the procedures that... READ MORE

As previously discussed, hospice providers are required to have a hospice physician or nurse practitioner perform a face-to-face encounter with each hospice patient whose total length of stay is anticipated to reach the third benefit period.  This encounter must be performed no more than thirty days prior to the third benefit period recertification, and... READ MORE