We are delighted that Phil is rejoining our firm following his important service as a member and chairman of the NLRB
, said Firm Chair Jami McKeon.
The ruling was among a handful of reversals made by the NLRB
ahead of the December 16 expiration of the term of Philip Miscimarra, a Republican who was appointed to the NLRB
in 2013 by President Obama and had served as its chairman since April.
While President Trump will have the chance to appoint two new board members early in his administration, it may be weeks or months until he offers nominations; potentially months after that until the Senate can approve the members; and possibly another year or more until the BFI precedent can be reversed through an NLRB
When a local Teamsters union chapter wanted to declare an employer's lockout of employees unlawful, the NLRB
said the equivalent of "nope.
Eventually, ASPIRA settled with the NLRB
and agreed to post notices throughout the school building that it had interfered with the teachers' right to unionize.
Supreme Court affirmed this principle in the case of NLRB
What is clear is that the NLRB
will no longer make its ruling based upon the actual degree of control that has been exercised by one business over another business's employees.
Under its ruling, the NLRB
did not determine if the college players were statutory employees under the National Labor Relations Act.
Although legal challenges to the rule are pending in two federal district courts, for now, the rule is in effect and the NLRB
will apply it to petitions filed after April 14.
Late last year, the NLRB
issued the second of two landmark decisions, holding that employee arbitration agreements waiving class or collective actions violate [section][section]7 and 8(a)(1) of the NLRA.
Under current NLRB
election procedures, an election petition typically proceeds to an election in a period of about six weeks.
Beginning in March 2014, the OSHA Office of Whistleblower Protection Programs has instructed OSHA staff to advise complainants who miss the OSHA filing deadline of their right to file a charge relating to the same conduct with the NLRB
within the six-month statute of limitations of the National Labor Relations Act.