Member Article

Since our last summary, the Obama Board has taken significant steps to further outgoing Chairman Liebman’s stated goal of bringing the Board “back to life after a long period of dormancy.” Among other things, the Board has issued decisions (i) changing bargaining unit determination guidelines, (ii) protecting unions against challenges to their representative status, (iii) confirming off-duty third-party employees’ right to handbill, (iv) upholding the display of an inflatable rat on a neutral and secondary employer’s property, and (v) expanding the scope of an employer’s duty to supply information in bargaining.

Additionally, the Board has promulgated final rules requiring employers to post a notice of employees’ rights under the NLRA, and proposed comprehensive rules altering election procedures. On the prosecutorial front, the NLRB’s Acting General Counsel has enhanced the Board’s focus on social media, expressed a willingness to reconsider the rights of economic strikers, and issued a complaint accusing Boeing Company of retaliating against unionized workers in Washington by locating a new non-union facility in South Carolina. Given the volume of recent developments, our roundup will be addressed in two parts. Part one, that follows, addresses Board decisions and case law developments. Part two will address other issues involving the current Board and its effect on the labor law landscape.

To read the full alert, click here.

If you have any questions regarding this alert, please contact one of the lawyers listed below or visit the Haynes and Boone Labor and Employment Practice page of our website.