Although Division of Advice decisions are not binding on the five-member NLRB, those decisions serve an important function in the processing of unfair labor practice charges. July 15, 2020, the National Labor Relations Board's NLRB Division of Advice published 16 Advice Memoranda, and many address the intersection of the NLRA with health, safety and economic issues . The NLRB recently released Southwestern Bell Telephone Company, 14-CA-141000, Advice Memorandum dated February 6, 2015, a memorandum issued by the Division of Advice, which addressed the last question. The Ties That Bind: NLRB Division Of Advice Rebukes Union ... NLRB Division of Advice on Making Unilateral Changes when ... B. In the meantime, the NLRB Division of Advice has answered a question that has been the subject of many charges since the Board's decision in Alan Ritchey, Inc., 359 NLRB No. Employees' Dues Checkoff Authorization for Predecessor ... On October 31, 2012, the National Labor Relations Board ("NLRB" or the "Board") - Division of Advice issued two memoranda in which the Associate General Counsel Barry J. Kearney concluded that the "at-will" language contained in two employee handbooks did not violate Section 8(a)(1) of the National Labor Relations Act (the "Act"). On July 15, 2020, the National Labor Relations Board's ("NLRB") Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. NLRB Division Of Advice Dishes Some Guidance With Respect ... The Ties That Bind: NLRB Division Of Advice Rebukes Union Limitations On Employees' Right to Resign Membership Insights 4.20.20 A recently released advice memorandum from the National Labor Relations Board's Division of Advice found unlawful a union's attempt to restrict individuals from resigning their union membership. NLRB Division of Advice Finds Cannabis Workers Not Covered ... NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges. And, given the Division of Advice wrote the memo before President Biden fired the NLRB General Counsel and the Deputy General Counsel, it remains to be seen whether a Biden Board will issue a . On January 25, 2021, the National Labor Relations Board's Division of Advice released an Advice Memo on the issue of whether certain cannabis workers were exempt from the National Labor Relations Act as agricultural workers. "The Employer has failed to rebut the inference of unlawful motivation, i.e., that the discharges were an effort to slow the expanding influence of the two tech employee leaders and break the tech-warehouse employee alliance," the advice memo said. On August 13, 2020, the National Labor Relations Board ("NLRB") Division of Advice ("Advice"), the agency's internal think-tank, published five Advice Memoranda dismissing unfair labor practice charges against employers in connection with issues concerning the . The NLRB's Division of Advice Has Spoken on COVID-19 in the Workplace, Providing Flexibility to Employers During the Pandemic July 28, 2020 As employers continue to navigate these chaotic times, on July 15, the National Labor Relations Board (NLRB), through its Division of Advice (Advice), issued its first guidance regarding the COVID-19 . The National Labor Relations Board's General Counsel's Office's Division of Advice has concluded that a union seeking to organize a construction employer's drywall workers did not violate Section 8(b)(1)(A) of the National Labor Relations Act by following the employer's supervisors and managers aggressively in cars from the employer's main office to various jobsites in the Phoenix . Accordingly, the Division of Advice concluded that the evidence did not satisfy the NLRB's Wright Line standard, which requires demonstrating that a causal connection exists between an adverse employment action and known employee activities that are protected by Section 7 of the NLRA. The Division of Advice of the National Labor Relations Board's (NLRB) Office of the General Counsel (Advice) released five advice memoranda evaluating employer actions during the COVID-19 pandemic in five cases, dismissing the unfair labor practice (ULP) charges in each case. NLRB Division of Advice Finds Employer's Social Media ... 154 (2017), the National Labor Relations Board (NLRB) reassessed the standard it would apply when . NLRB's Division of Advice Gives "Advice" As to the ... And, given the Division of Advice wrote the memo before President Biden fired the NLRB General Counsel and the Deputy General Counsel, it remains to be seen whether a Biden Board will issue a decision that actually decides whether other cannabis workers who participate in the transformation of the product are agricultural workers or statutory . In Tasker Healthcare Group dba Skinsmart Dermatology, NLRB Div. The Division of Advice of the National Labor Relation Board's (NLRB) Office of the General Counsel (Advice) released a case-closing email as an advice memorandum in a case where it held that a union employee's unfair labor practice (ULP) charge alleging the employer-union discharged him for working on police transparency and accountability legislation as a state legislator, lacked arguable . 154 (Dec. 14, 2017)) and other applicable Board law. On May 14, 2019, the Division of Advice of the NLRB's Office of the General Counsel (Advice) released an advice memorandum dated April 1, 2019 concluding that Vistra Energy did not violate Section 8(a)(5) of the NLRA when it refused to deduct and remit dues to a successor union because: In The Boeing Company, 365 NLRB No. Most were authored by Barry J. Kearney, who was the associate general counsel in the NLRB . The content of this article is intended to provide a general guide to the subject matter. NLRB Foreshadows a Return to Union Gerrymandered Bargaining Units. July 10, 2019 Barry Kearney discussed with Law360 about the National Labor Relations Board's top legal theorist and adviser stepping down. A part of the NLRB's Office of the General Counsel, the Division of Advice provides guidance to the NLRB's regional offices on difficult and novel issues arising in the processing of unfair labor practice charges. The memorandum describes significant changes to unfair labor practice (ULP) charge investigations conducted by the agency's regional offices. On January 25, 2021, the NLRB Division of Advice ("the Division") released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. The Division of Advice provides guidance to the Agency's Regional Offices regarding difficult and novel issues arising in the processing of unfair labor practice charges and coordinates the initiation and litigation of injunction proceedings in federal court under Section 10 (j) and (l) of the National Labor Relations Act. NLRB Foreshadows a Return to Union Gerrymandered Bargaining Units. March 22, 2019. Textual Records: Regional directors' reports about the effects of NLRB decisions on labor relations, excerpts from speeches and articles prepared as exhibits, and lists of and receipts for NLRB case files and other records that were sent to the Smith Committee, 1939-40. On January 25, 2021, the National Labor Relations Board's Division of Advice released an Advice Memo on the issue of whether certain cannabis workers were exempt from the National Labor Relations Act as agricultural workers. On July 15, 2020, the National Labor Relations Board's ("NLRB") Division of Advice published 16 Advice Memoranda addressing myriad questions posed by… On September 15, 2020, the National Labor Relations Board (the "NLRB" or "Board") Division of Advice ("Advice"), published four Advice Memoranda addressing an array of issues ranging from. On January 25, 2021, the NLRB Division of Advice ("the Division") released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. 40 (December 14, 2012), where it held that in cases where a union has recently secured representational rights, the employer has a duty to bargain over discretionary . However, the full NLRB has yet to weigh in. They weigh heavily in regional officials' decisions to issue unfair labor practice complaints (or dismiss charges) in the absence of a definitive Board decision. Although Division of Advice decisions are not binding on the five-member NLRB, those decisions serve an important function in the processing of unfair labor practice charges. Importantly, the opinion also reaffirms NLRA coverage for the industry generally. The National Labor Relations Board's ("NLRB" or Board") Division of Advice [1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor practice charge ("ULP" or "charge") against the employer was warranted. 04-CA-094222 (issued 5/8/13, released 5/17/13), the NLRB's Division of Advice concluded that an employer did not commit an unfair labor practice when it fired an employee for profanity-filled comments she made about the Company in a … On January 25, 2021, the NLRB Division of Advice ("the Division") released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. Recently, the National Labor Relations Board's Division of Advice has considered unfair labor practice charges workers have sought to file with the Board that involve their employers' response to COVID‐19 issues. In a separate memo (Memphis Ready Mix), the NLRB Division of Advice found that another employer did not have an obligation to engage in midterm bargaining over the union's proposals for paid sick . According to a Memorandum issued by the National Labor Relations Board's Division of Advice, the move did not come within the McClatchy Newspapers, Inc. , 321 NLRB 1386 (1996), exception to the. .icon phone blue text indent 9999px Find Your Regional Office FAQs Contact Español MyNLRB Phone blueGeneral Inquiries 844 762 NLRB About NLRB About NLRB Who Are The Board Lauren McFerran Marvin Kaplan. So maybe the NLRB's General Counsel wants to put the brakes . Recently, the National Labor Relations Board's Division of Advice has considered unfair labor practice charges workers have sought to file with the Board that involve their employers' response to COVID-19 issues. NLRB Division of Advice Finds Cannabis Workers Not Covered by Federal Labor Law. On . On August 13, 2020, the National Labor Relations Board ("NLRB") Division of Advice ("Advice"), the agency's internal think-tank, published five Advice Memoranda dismissing unfair labor . No. A part of the NLRB's Office of the General Counsel, the Division of Advice provides guidance to the NLRB's regional offices on difficult and novel issues arising in the processing of unfair . Agricultural laborers do not have that right under federal law. While a majority of the Memoranda were drafted within the past month, a few were originally issued months or years ago. In the meantime, the NLRB Division of Advice has answered a question that has been the subject of many charges since the Board's decision in Alan Ritchey, Inc., 359 NLRB No. In fact, the Division of Advice noted in its memoranda that the American Red Cross case was settled before the NLRB could actually review the decision and instructed all Regional Offices to consult with the Division of Advice before issuing a complaint challenging an at-will policy. Law360 (July 10, 2019, 7:30 PM EDT) -- The National Labor Relations Board 's top legal theorist and adviser to its regional offices is . In a rare victory for employers, the NLRB's Office of the General Counsel, Division of Advice ("Advice") recently opined that Boeing Company's Code of Conduct does not run afoul of the National Labor Relations Act. NLRB Division of Advice: Inappropriate and Offensive Twitter Postings Not Pertaining to Employment Conditions Are NOT Protected by NLRA PDF Share Email Facebook LinkedIn Twitter The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices.Under the National Labor Relations Act of 1935 it supervises elections for labor union representation and can investigate and remedy unfair labor practices. Below is a list of Advice Memoranda and case-closing emails that deal with a variety of issues related to COVID-19 that have arisen around the country. on june 15, 2021, the office of general counsel of the national labor relations board ("nlrb" or "board") released an advice memorandum, explaining that an illinois pub did not commit an unfair labor practice when it fired an employee who had previously complained about the pub's covid-19 safety policies, because the employee's complaints did not … Under the NLRA, the right to form and join a union is limited to employees. According to a Memorandum issued by the National Labor Relations Board's Division of Advice, the move did not come within the McClatchy Newspapers, Inc., 321 NLRB 1386 (1996), exception to the NLRB's rule prohibiting employers from unilaterally implementing, after reaching impasse, proposals that give the employer broad discretionary powers . Headquarters Mailing Address: National Labor Relations Board 1015 Half Street SE Washington, D.C. 20570-0001 Headquarters information: 202-273-1000 Alternative Number: 202-273-1991 For general inquiries via email, please contact publicinfo@nlrb.gov Tuesday, December 28, 2021. The Advice Memo noted at the outset . Although Division of Advice decisions are not binding on the five-member NLRB, those decisions serve an important function in the processing of unfair labor practice charges. National Labor Relations Board: The NLRA, which is enforced by the NLRB, ensures the right of private-sector workers to organize, to bargain collectively, and to otherwise engage in concerted activities, with or without union representation, in an effort to improve their pay and working conditions. If an employee is an agricultural worker under these definitions, they are exempt from the NLRA and thus outside of the NLRB's jurisdiction. On August 13, 2020, the National Labor Relations Board ("NLRB") Division of Advice ("Advice"), the agency's internal think-tank, published five Advice Memoranda dismissing unfair labor . An employer may discipline employees who engage in disloyal conduct by disclosing confidential information obtained in the course of their job duties, the Board's Division of Advice has found, concluding that an employer did not commit an unfair labor practice (under Section 8(a)(1) of the NLRA) when it discharged an employee. In an advice memorandum issued on October 19, 2012, Barry J. This is a test of the Web Check-In employee accountability system for Eagle Horizon 2021 (EH21). Advice Memoranda and Emails Dealing with COVID-19. The National Labor Relations Board's Division of Advice has sanctioned another employer's social media policy and actions taken against an employee for the policy's violation. Please follow the prompts to complete your submission. On August 13, 2020, the National Labor Relations Board ("NLRB") Division of Advice ("Advice"), the agency's internal think-tank, published five Advice Memoranda dismissing unfair labor practice charges against employers in connection with issues concerning the COVID-19 pandemic. NLRB Division Of Advice Releases Deluge Of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules, Information Requests, And Other Topics. A part of the NLRB's Office of the General Counsel, the Division of Advice provides guidance to the . In response, the Division of Advice has produced memoranda that can help guide employers who may encounter similar issues. To date, much of that change has been in the agenda set by General Counsel Jennifer Abruzzo. They weigh heavily in regional officials' decisions to issue unfair labor practice complaints (or dismiss charges) in the absence of a definitive Board decision. Specialist advice should be sought about your specific circumstances. Agricultural laborers do not have that right under federal law. July 15, 2020, the National Labor Relations Board's NLRB Division of Advice published 16 Advice Memoranda, and many address the intersection of the NLRA with health, safety and economic issues . Employer's Litigation Hold Not Unlawful, NLRB Division of Advice Concludes By Mark Theodore on December 21, 2018 Posted in Employer policies, Handbook, NLRA, NLRB, Section 7, Section 8(a)(1), Uncategorized. In response, the Division of Advice has produced memoranda that can help guide employers who may encounter similar issues. As we previously predicted, significant changes are taking place at the National Labor Relations Board ("NLRB" or the "Board"). They weigh heavily in regional officials' decisions to issue unfair labor practice complaints (or dismiss charges) in the absence of a definitive Board decision. The content of this article is intended to provide a general guide to the subject matter. July 03, 2018 . As we previously predicted, significant changes are taking place at the National Labor Relations . The Division of Advice opinion is consistent with a decision issued from the NLRB's Boston Region last fall. […] It is critical to the success of the program that all cardholders understand the policies and procedures of the program. of Advice, Case No. The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. NLRB Advice Division Head To Step Down At Month's End. Thus, the Employer did not commit an unfair labor practice . Date Document Issued/Filed By; 10/15/2020 : Letter Approving Withdrawal Request* NLRB - GC: 09/16/2020 : Initial Letter to Charged Party* NLRB Advice Division Head To Step Down At Month's End. The memo from Richard Bock, the associate general counsel of the Division of Advice, said board prosecutors in the case should ask the NLRB to "clarify and limit" a controversial 2020 decision in . On December 7, 2018, National Labor Relations Board (NLRB) General Counsel Peter Robb issued General Counsel Memorandum 19-02, Reducing Case Processing Time (GC 19-02). The NLRB has a number of regional offices throughout the United States, and generally each office has a purchase card holder and an Approving Official. on june 15, 2021, the office of general counsel of the national labor relations board ("nlrb" or "board") released an advice memorandum, explaining that an illinois pub did not commit an unfair. An Advice memorandum rejected a union's charge that Boeing's nearly decade-old Code of Conduct interferes with … NLRB's Division of Advice Gives "Advice" As to the Application of Boeing — When a Work Rule/Employment Agreement is Facially Valid Under the NLRA in Union and Union Free Workplaces By Keahn Morris & John Bolesta on March 22, 2019 Labor board's handbook guidance eases employer concerns. On August 15, 2019, the Division of Advice of the NLRB's Office of the General Counsel (Advice) released a pair of advice memoranda, dated August 10, 2018 and September 5, 2018, evaluating the legality of various employer policies under the Board's decision in The Boeing Company (365 N.L.R.B. Specialist advice should be sought about your specific circumstances. Advice Memos Two categories of advice memoranda are released to the public: memoranda directing dismissal of the charge that are required to be released pursuant to NLRB v. Sears, Roebuck & Co., 421 U.S. 132 (1975), and memoranda in closed cases that are not required by law to be released but are released in the General Counsel's discretion. In an opinion just released, the Division of Advice found that workers in an indoor greenhouse are excluded from the NLRA's coverage because they "substantially engage in the primary agricultural functions of harvesting, sorting and pruning of plants." The opinion noted that these workers spent about 70% of their time on these types of functions. 25.6.2 Records of the Assistant General Counsel. Date Document Issued/Filed By; 12/29/2021 : Initial Letter to Charging Party* NLRB - GC: 12/29/2021 : Initial Letter to Employer in C Case* The NLRB lawyers in the advice division rejected Amazon's justification. See Rocha Transp., NLRB Div. 40 (December 14 . The Advice Response Memo. 512 -5012 -0125 512- 5012- 0133 ; The Region submitted this case for advice as to whether various Employer social media rules are unlawfully overbroad under the Board's recent decision in The 10 memos came from the NLRB's Division of Advice, which is part of the Office of the General Counsel. The new standard takes into consideration the fact . NLRB General Counsel Jennifer A. Abruzzo Issues "Mandatory Submissions to Advice" and "Utilization of Section 10 (j) Proceedings" Memos, Outlining Her Priorities and Enforcement Agenda. The Division of Advice has instructed NLRB Region 5 to issue a complaint against the union. A Regional NLRB office recently sought the NLRB's Advice Division's guidance on charges filed against Agri-Kind, a cannabis growing operation in Chester, Pennsylvania. On January 25, 2021, the NLRB Division of Advice ("the Division") released a memo that may indicate a change in the way workers engaged in cannabis activities are covered under federal labor law. See also GC-20-04, which was issued in response to many questions parties and practitioners were raising in the early stages of the pandemic . Under the NLRA, the right to form and join a union is limited to employees. Last year about this time, the NLRB changed the standard for reviewing handbook rules. NLRB's Division of Advice Gives "Advice" As to the Application of Boeing — When a Work Rule/Employment Agreement is Facially Valid Under the NLRA in Union and Union Free Workplaces. 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