In December, the NLRB released many important decisions. John Raudabaugh, Former NLRB Member, will join us to discuss the new developments, including:
UPMC Presbyterian Hospital, 365 NLRB No. 153 (December 11, 2017) overruled United States Postal Service, 364 NLRB No. 116 (2016) reinstating administrative law judge authority to accept settlements over the objection of the NLRB General Counsel and the charging party considering Independent Stave reasonableness factors.
The Boeing Company, 365 NLRB No. 154 (December 14, 2017) issues a new test for evaluating workplace rules. No longer will the Board consider whether rules “chill” employee rights. Rather, if the rule is not explicitly unlawful, its potential impact on protected concerted activity and the employer’s legitimate business justifications will be evaluated to determine legitimacy.
Joint employer status was returned to prior, common-law standards in Hy-Brand Industrial Contractors, Ltd., 365 NLRB No. 156 (December 14, 2017). The new Board majority overturned the 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015).
PCC Structurals, Inc., 365 NLRB No. 160 (December 15, 2017) overruled the Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011) decision, which legitimized “micro-units,” allowing unions to organize whatever group, no matter how small. The Board majority abandoned the employer burden of establishing an “overwhelming” community of interest standard and returned to traditional criteria.
An employer’s ability to implement changes to established benefit plans was restored in Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017). The Board majority overruled E.I. du Pont de Nemours, 364 NLRB No. 113 (2016) reasoning that actions are not a “change” if similar in kind and degree with established past practice of comparable unilateral action.
Featuring:
John Raudabaugh, Staff Attorney, National Right to Work Foundation; Former Member, National Labor Relations

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