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36 posts

Today’s News & Commentary — March 15, 2018

Published March 15th, 2018 -

“Organized labor, once seen as fractured and feckless in the Trump era, gave the Democrat Conor Lamb his edge in Pennsylvania,” says a New York Times analysis of last night’s special election.  A Politico analysis also noted Lamb’s strong support from unions, ... More »

Daily News & Commentary—March 13, 2018

Published March 13th, 2018 -

Last Friday, respondents filed a motion for reconsideration in the Hy-Brand case.  As we’ve covered (here and here), the NLRB vacated its decision in Hy-Brand (thus restoring the Obama-era joint-employer standard) because a Board member had a conflict of... More »

Board Vacates Hy-Brand, Raising More Questions

Published February 27th, 2018 -

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors.  (Ben and Sharon had called for this action in OnLabor last week here and here.)  The Board’s unusual action follows a finding by the Board’s Inspec... More »

Daily News & Commentary — February 27, 2018

Published February 27th, 2018 -

Last week on the blog, we wrote about why the NLRB should withdraw the Hy-Brand decision (here and here)—in short, because a Board member who voted for the result, William Emanuel, should have recused himself (his former law firm represented one of the c... More »

The NLRB Should Withdraw Hy-Brand . . . AND!

Published February 22nd, 2018 -

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process.  My only departure is that I don’t think Ben’s call for ... More »

Today’s News & Commentary — February 22, 2018

Published February 22nd, 2018 -

President Trump met with leaders from the country’s largest labor unions yesterday to discuss plans to renegotiate the North American Free Trade Agreement.  The Wall Street Journal reports that the administration is trying to gain support from labor unions whi... More »

The NLRB Should Withdraw Hy-Brand

Published February 21st, 2018 -

As Bloomberg and Law360 report, the NLRB’s Inspector General (IG) has concluded that Board member William Emanuel should have been recused from Hy-Brand Industrial Contractors – the decision that overruled Browning-Ferris and retreated on the defin... More »

Today’s News & Commentary – February 8, 2018

Published February 8th, 2018 -

Senators Mitch McConnell and Chuck Schumer reached a bipartisan agreement yesterday evening in the hopes of avoiding another government shutdown.  The deal would raise caps on military and domestic spending and is seen by some as a victory for both sides.  The... More »

Today’s News & Commentary — February 2, 2018

Published February 2nd, 2018 -

The NLRB inspector general is investigating whether Board member William Emanuel broke government ethics rules when he took part in the Board’s recent actions overturning the Obama-era joint employer standard, ProPublica reports.   Before Trump appointed... More »

A Bad McSettlement

Published January 29th, 2018 -

The NLRB’s General Counsel recently sought a 60-day stay to try to settle unfair labor practice charges filed by the Fight for $15 campaign against McDonald’s and various franchisees as joint employers equally responsible for illegal retaliation. While Board p... More »

Today’s News & Commentary — January 22, 2018

Published January 22nd, 2018 -

Public Citizen filed a lawsuit on January 19th asking Department of Labor and the Occupational Safety and Health Administration to turn over copies of forms employers were required to file with the government. In 2017, for the first time, OSHA required compani... More »

Today’s News & Commentary — January 19, 2018

Published January 19th, 2018 -

NLRB General Counsel Peter Robb may be seeking to reorganize the NLRB’s field offices, Bloomberg reported yesterday.  His proposal involves consolidating regional offices and placing at the top of each an official who would report directly to him.  This ... More »