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The National Labor Relations Board (NLRB) released an advice response memo concluding that a claim that a construction company violated the National Labor Relations Act (NLRA) “by laying off the charging party in the midst of a purported downturn in business due to COVID-19” and thereafter failing to recall the employee lacked merit. The Division…

On the heels of its May 11, 2020 announcement that it would resume representation case hearings, the National Labor Relations Board announced on Friday that the Division of Judges would resume holding hearings on unfair labor practice complaints effective June 1, 2020. In an announcement posted on the agency’s website, the Board specified…

In an order issued on May 11, 2020, the National Labor Relations Board lifted its April 30, 2020 stay order on representation case hearings and “clarif[ied] that representation case hearings that involve witness testimony should be conducted by videoconference, not telephonically.” Morrison Healthcare, 369 NLRB No. 76 (May 11, 2020). The Board further noted that it will permit telephonic conferences for representation case hearings “only when compelling circumstances exist and no witness testimony is involved.” Id. (emphasis added).
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Continue Reading National Labor Relations Board Approves Use of Videoconferencing for Testimony in Representation Hearings; Continues Restrictions on Telephonic Hearings.

Perkins Coie’s Insurance Recovery Attorneys Jim Davis and Brad Dlatt interview special guest Perkins Coie Labor Partner Heather Sager, who is counseling companies operating during the Covid-19 pandemic. Topics include how businesses find out if they are allowed to re-open, what employers need to know about having employees return to work, the use of

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On April 17, 2020, the National Labor Relations Board (NLRB) issued an update compiling various announcements outlining the status of and modifications to NLRB administration during the evolving COVID-19 pandemic. For the most part, the NLRB has continued to operate, making it very important for employers to keep abreast of procedural and logistical adjustments. The…

Authored by Mike O’Brien

On April 1, 2020 the National Labor Relations Board (NLRB) issued a press release stating the following:

The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and will instead resume conducting elections beginning Monday, April 6, 2020.

Previously, the NLRB had paused all elections from March 19, 2020 until April 3, 2020 due to the coronavirus (COVID-19) pandemic. The agency’s General Counsel, who is responsible for supervising regional NLRB offices, has now decided that “appropriate measures are available to permit elections to resume in a safe and effective manner, which will be determined by the Regional Directors.”…

Continue Reading National Labor Relations Board Changes Direction; Will Resume Holding Union Representation Elections

On Friday, the General Counsel of the National Labor Relations Board released a memorandum outlining the law regarding collective bargaining obligations during emergency situations. Memorandum GC 20-04 (March 27, 2020) addresses “public emergency situations as well as emergencies unique to a particular employer.” Employers should review the memo and cases referenced before making any decisions…