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• 08.01.2025NLRB General Counsel Wants More Input From The National Mediation Board To Decide Questions Of Agency Jurisdiction On July 29, 2025, the Acting General Counsel of the National Labor Relations Board directed NLRB staff across the country to refer questions on whether an employer might be covered by the Railway Labor Act (RLA) to the National Mediation Board (NMB) rather than assert NLRB jurisdiction without consultation. This represents a change from the way the NLRB has recently operated in debatable circumstances. The two boards and the statutes upon which they operate differ significantly, so which agency has jurisdiction matters.
• 08.10.2023NLRB Applies a Shifting Burdens Analysis in Reviewing Employer Work Rules; Boeing Overruled On August 2, 2023, the NLRB further limited employers’ flexibility in designing work rules by holding that all work rules will be reviewed on a case-by-case basis, and no work rules will get an automatic pass. The Board’s 3-1 decision in Stericycle Inc. holds that once the NLRB General Counsel proves that a work rule could chill employees’ exercise of Section 7 rights, there is a presumption that the rule is unlawful, which the employer can rebut only with proof that the work rule serves a lawful business interest, the rule advances the lawful interest, and a more narrowly tailored rule would not advance the interest.
• 12.05.2019Legality of Workplace Rules Clarified by National Labor Relations Board Employer Confidentiality and Media Contact Rules become Lawful