Labor & Employment

"Preventing Greater Uncertainty in Labor-Management Relations Act" Passes House

Since day one, NGA has opposed President Obama’s 2012 “recess appointments,” which have resulted in legal chaos at the NLRB and led to instability for both employers and employees. NGA supported House-passed bill, H.R. 1120, the "Preventing Greater Uncertainty in Labor-Management Relations Act" which would require the NLRB Board to cease activity (and any action taken on or after January 4, 2012) until issues with the current NLRB quorum are resolved.

NGA President and CEO, Peter Larkin wrote letter supporting H.R. 1120, March 20, 2013

NLRB Files with SCOTUS on "Recess Appointments" Case 

On March 12, 2013 the NLRB determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the DC Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid. The Board filed for a petition for certiorari with the U.S. Supreme Court on April 25, 2013.

DOL Wage & Hour Division Prohibits Minors from Operating Machinery

Minor employees aged 16-17 years old may not operate power-driven paper products machines, including balers and compactors. However, 16- and 17-year-old employees may load, but not operate or unload, certain scrap paper balers and paper box compactors if certain criteria are met. Find out more or read the criteria in this DOL Wage & Hour Division Memo.

NLRB Employee Rights Poster

On April 17, 2012, the D.C. Circuit granted the Coalition for a Democratic Workplace (CDW) request for an injunction against the NLRB's employer posting requirement that was set to go into effect on April 30, 2012. The poster rule mandated that all employers post a 11x17 notice informing employees of their rights to form a union under the National Labor elations Act and how to file unfair labor claims against employers. This rule is currently suspended pending the outcome of ongoing litigation.

More Resources:

NLRB Employer Poster (Spanish)
NLRB Employer Poster (English)
NLRB FAQ
NLRB Employer Posting Site   

NLRB “Quickie Elections” Rules

The NLRB published a final rule on December 22, 2011, making changes to the rules for conducting union organizing campaigns. The Coalition for a Democratic Workplace (CDW), of which NGA is a steering committee member, filed an Amicus Brief. This rule altered the union organizing process by enacting “quickie elections” which would shorten the union election time period from an average of 35– 40 days to as few as 11–15 days with intent to make it easier for unions to prevail in elections. Though federal courts rulings have thus far favored employers, the NLRB has appealed and the litigation is ongoing.

NGA Alert on Ambush Election Rule
NLRB Election Process Flow Chart (April 30, 2012)

NGA Opposes DOL’s Proposed Changes to the “Advice” Exemption

Commonly referred to as “persuader” activity, on June 21, 2011, DOL published a proposed rule overturning a 50-year old rule allowing employers to seek “advice” from attorneys or labor consultants when faced with a union organizing campaign. The DOL has not yet released this rule, but is expected to in mid-2013.

Employers Must Update FCRA Notices in Background Screening Process

Effective January 1, 2013, employers must begin using a new Fair Credit Reporting Act (FCRA) notice in connection with their background screening process. For ore information check out the CFPB website.

More Resources:

Notice to Furnishers of Information: Obligation of Furnishers Under FCRA
Summary of Your Rights Under FCRA 

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