Labor Board Alters Union Election Rule, Employer Liability

On Feb. 26, in a 3-0 decision, the National Labor Relations Board (NLRB) unanimously vacated a decision that returned to a traditional standard for joint employer liability. The decision was reached following a report by the NLRB Inspector General that questioned Board Member Bill Emanuel’s involvement in the case.

Emanuel’s law firm represented Browning-Ferris Industries in the 2015 case that expanded the definition of joint employer liability to indirect control. This led to confusion among businesses as to what constitutes a joint employer relationship.

In December 2017, the NLRB returned to the traditional standard. In a 3-2 decision, the Board stated that to be classified a “joint employer,” jointly liable for labor violations, a business must have a direct and immediate connection to the employees in question. NLRB member Bill Emanuel voted with the majority in that case.

The reversal returns joint employer liability to the standard set during the Obama Administration in the Browning-Ferris case. Business groups may push harder for Congress to amend the National Labor Relations Act following the NLRB’s reversal.

NLRB Extends Comment Period Deadline For Union Elections Rule

For a second time, the National Labor Relations Board (NLRB) has extended the public comment period for altering union election rules set by the Obama-era Board. Comments now must be received by April 18 as part of its request for information.

As proposed, NLRB would undo the rule that took effect in 2015 the changes that speeds up workplace organizing by postponing employer litigation until after a union election. The rule also ended the 25-day waiting period between when a union election is requested and when it takes place. Employers have noted that many union elections were successful under the previous rule and changes were not needed.

The prior deadline for submissions was March 19, after it was extended from the original Feb. 12 deadline.