On July 6, and after consulting with the Board’s Regional Directors (“RDs”) and other of the Agency’s internal stakeholders, the NLRB’s General Counsel (GC) issued Memorandum GC 20-10 offering suggested protocols for the RDs to follow as a way of returning to manual elections in light of the ongoing pandemic.  Before COVID-19, the overwhelming majority of National Labor Relations Board-conducted representation elections were done manually.  Board agents typically came to an employer’s place of business, set up a voting booth and employees were allowed to vote en masse on whether or not they wished to be represented by a union by manually marking a paper ballot.  Elections were run in this manner because the workplace was where almost all of the employees were physically present and maximum employee participation in the election process could be assured.  In addition to providing a level election playing field favoring neither management nor labor, and minimizing the Board’s physical oversight of the voting process, manual voting guarantees that elections can be held under laboratory conditions by greatly minimizing the risks of inappropriate conduct that could adversely affect the outcome of an election.
Continue Reading Will the NLRB GC’s “Suggested” Manual Election Protocols Matter?

On November 8, 2017, Peter B. Robb was sworn in as the General Counsel (GC) of the NLRB for a four year term. Robb succeeds Richard Griffin, who has been the GC since November 2013. Robb wasted no time in taking initial steps to undo many of the NLRB’s more controversial recent decisions. On December 1, 2017, Robb issued Memorandum 18-02 directing the NLRB’s regional offices on which types of charges should be submitted to his Division of Advice and rescinding policy memoranda issued by the prior GCs.
Continue Reading New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty

Senate Republicans recently confirmed William Emanuel, the second Trump nominee to the five-member National Labor Relations Board (the “Board”), giving the Board a Republican majority for the first time since 2007. Mr. Emanuel’s confirmation follows the September 25, 2017 appointment of Peter Robb, a management-side labor and employment lawyer, as General Counsel of the Board. Each of President Trump’s recent appointments are expected to advance the president’s pro-business and pro-employer policies. In particular, Mr. Robb’s replacement of the current General Counsel, Richard Griffin, is a crucial step towards upending the Board’s recent anti-employer rulings.
Continue Reading Labor Relations Update: New NLRB General Counsel Nominee Poised to Undo Obama-Era Precedents