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National Labor Relations Board En español:
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Washington, DCnlrb.govJoined June 2009
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“Because of the strong possibility of coercion in an employer interview about ULP issues, employees need protection. This familiar, bright-line test is easy for employers to comply with and brings certainty to the administration of the National Labor Relations Act.”
@NLRBMcFerran
Text that says "Today's decision maintains a well-understood 58-year standard that has proven successful in balancing employer needs and employee rights, while protecting the integrity of the Board's process. -NLRB Chairman Lauren McFerran
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After reviewing briefs, the Board found the 1964 standard effectively balances employers’ need to prepare a defense to a ULP allegation with employees’ statutory right to engage in protected concerted activity free from employer interference. Here's what employers must do⬇️
Text that says: "The Johnnie's Poultry Standard--1. Employers must communicate to employees the purpose of the questioning, assure them that no reprisal will take place, and obtain their participation on a voluntary basis. 2. The questioning must occur in a context free from employer hostility to union organization and must not be itself coercive in nature. 3. The questions must not exceed the necessities of the legitimate purpose by prying into other union matters, eliciting information concerning an employee’s subjective state of mind, or otherwise interfering with the statutory rights of employees.
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This decision reaffirms the Johnnie’s Poultry standard, adopted in 1964, which found that questioning workers about protected activity during such interviews was unlawful unless employers give specific assurances to protect against coercion.
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“The Board’s task in assessing the appropriateness of bargaining units is to ensure that workers enjoy—in the words of the National Labor Relations Act— ‘full freedom of association.’” —
@NLRBMcFerran
A photo of factory workers with text that says "“The Board’s task in assessing the appropriateness of bargaining units is to ensure that workers enjoy—in the words of the National Labor Relations Act— ‘full freedom of association,’” said Chairman Lauren McFerran. “Returning to the Specialty Healthcare standard is consistent with this principle, ensuring that workers have the ability to organize in the unit of their choosing, so long as it is not arbitrary or irrational.”
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But now, if a party seeks to include additional employees in an existing unit, the burden is on the party to show that excluded employees share an “overwhelming community of interest” to mandate inclusion in the bargaining unit.
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In the decision, the Board reaffirmed its long-standing principle that employees in the petitioned-for unit must be “readily identifiable as a group” and share a “community of interest.”
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This clarification to the Board’s remedy will apply in every case in which the Board’s standard remedy would include make-whole relief for employees. The Board will apply this remedy retroactively to all cases currently pending.
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The
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will now be required to present evidence in the compliance proceeding proving the amount of the financial harm, that it was direct or foreseeable, and that it was due to the ULP. The respondent employer or union would then have the opportunity to rebut that evidence.
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Today, the Board said employees aren't made whole until they are fully compensated for financial harm they've suffered due to unlawful conduct. This new make-whole standard will better-effectuate the National Labor Relations Act.
A quote graphic. Brown text over a white background states, "Employees are not made whole until they are fully compensated for financial harms that they suffered as a result of unlawful conduct. ... By standardizing the Board's make-whole relief to fully include the direct or foreseeable financial harms suffered by affected employees we will better serve the important goals of the National Labor Relations Act." - NLRB Chairman Lauren McFerran.
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The decision explains that in addition to the loss of earnings and benefits, victims of ULPs may incur significant financial costs, such as out-of-pocket medical expenses, credit card debt, or other costs that are a direct or foreseeable result of the unfair labor practices.
A photo of a worried couple looking at a stack of bills.
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Workers, employers, and our economy all benefit when the NLRB can resolve labor disputes in a timely manner, which is why it is crucial that the Board receives more funding as our case intake increases.
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🧵: In FY22, the Board continued the significant progress it has made in recent years in processing cases more efficiently — median processing time between the assignment of a Board case & issuance of a decision decreased over 14%. nlrb.gov/news-outreach/
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Over a white background, black text states "NLRB sped up case processing time by 14% in FY22, compared with FY21." A green cartoon clock is on the right hand side.
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The National Labor Relations Act provided the tools to fix those problems by protecting workers' right to organize and removing impediments to commerce, helping to lift the nation out of the Great Depression.
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🎉Today is the 87th anniversary of the first published NLRB Decision, Pennsylvania Greyhound Lines. The Decision articulated how labor strife interferes with interstate commerce, especially when employers retaliate against workers for organizing.
A photo of a book of every published NLRB Board Decision from December 7, 1935 to July 1, 1936. This is a photo of page 1 starting with the case Pennsylvania Greyhound Lines Inc.
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Happy Thanksgiving from the National Labor Relations Board! We are grateful for the contributions of our staff and indebted to all the frontline and essential workers whose labor today enables this national day of celebration.
A graphic that says, "Happy Thanksgiving from the National Labor Relations Board." In the background, are fall foliage and flora. At the bottom of the graphic is the NLRB logo.
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This Trans Day of Remembrance, we remember and honor the trans and gender-diverse people who were taken from us this past year. #TDoR2022
The background is a trans flag. On top of the flag is a banner that reads "Trans Day of Remembrance We honor those who have lost their lives to anti-transgender hatred." One either side of the text are two ribbons colored with the trans pride colors: pastel pink, blue, and white.
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NLRB Member Gwynne Wilcox spoke at the ABA’s Annual Labor and Employment Law conference on a panel with other trailblazers at worker protection agencies.
Member Gwynne Wilcox speaking on a panel at the ABA's Labor and Employment Law conference.
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Last week, the Board spoke at the ABA’s Annual Labor and Employment Law conference about its recent decisions and priorities.
A photo of a panel at the ABA conference featuring the full NLRB board. In order of appearance: Member David Prouty, Member Gwynne Wilcox, Member John Ring, Member Marvin Kaplan, and Chairman Lauren McFerran.
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This #VeteransDay, the NLRB thanks members of the military and their families for your service.
On a wood background, black text reads, "This Veterans Day, we thank military members and their families for their service!" Underneath the text are three military stars. On the right-hand side is a folded American flag.
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3⃣ The proposed rule would protect voluntary recognition in the construction industry by restoring time limits for challenging recognition and permitting recognition to be proven by clear contract language.
A group of construction workers with their backs turned to the camera look on an ongoing project that seems to be repairing a bridge. Sparks fly next to a truck.
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2⃣ The proposed rule protects the representative status of a voluntarily-recognized union until there has been a fair opportunity for bargaining. This vindicates employee free choice, encourages collective bargaining, and preserves labor relations stability.
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1⃣ The proposed rule restores a Regional Director’s right to delay an election where a party files an unfair labor practice charge that could potentially interfere with employee free choice. These are known as “blocking charges."
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This #Halloween, the Chairman’s dog, Molly, is showing her working pride as Rosie the Riveter. Is your pet making a fashion statement this spooky season? Share with us a photo of your pet in costume and we’ll retweet our favorites!
The Chairman's dog, Molly, a cute small, mixed breed, is dressed as Rosie the Riveter. A thought bubble is next to her which says, "Happy Halloween from the NLRB!" In the bottom right-hand corner is a cartoon drawing of a jack o lantern and candy.
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The National Labor Relations Board has extended the deadline for submitting comments on its proposed rule concerning the standard for determining joint-employer status under the National Labor Relations Act. The new deadline is Wednesday, Dec. 7. nlrb.gov/news-outreach/
In the background, a gavel rests over a computer keyboard. In a text box it states, "The deadline has been extended to December 7th to submit comments on the NLRB's proposed rule concerning joint-employer status."
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Over a light blue background the text is a quote from Chairman Lauren McFerran, "In an economy where employment relationships are increasingly complex, the Board must ensure that its legal rules for deciding which employers should engage in collective bargaining serve the goals of the National Labor Relations Act."
🧵 Today, the NLRB released a Notice of Proposed Rulemaking addressing the joint-employer standard, which would rescind and replace the April 2020 joint-employer rule. nlrb.gov/news-outreach/
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“I sincerely thank the Board’s career staff for their phenomenal work over the past year to speed up the processing of Board cases. But we need additional resources from Congress to sustain this progress,” said NLRB Chairman Lauren McFerran.
On a navy blue background, white text states, "Workers, employers, and our economy all benefit when the Board can resolve labor disputes in a timely manner. But we need additional resources from Congress to sustain this progress." - Chairman Lauren McFerran.
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This uptick in cases comes during a period of critical funding and staffing shortages for the Agency. Adjusting for inflation, the NLRB’s budget has decreased 25% since 2014.
On the left hand side is a chart showing a steady decrease of funding. On the right hand side black text states, "In real dollars, the NLRB's budget has been cut 25% since FY2014." Below a footnote states, "Funds Appropriated to the NLRB, FY2010-FY2022, in 2022 dollars."
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Although the Board processed cases more quickly, the increase in case intake left 145 cases pending before the Board at the end of FY2022 — a 28% increase from the 113 cases pending at the end of FY2021.
On the left hand side over a beige background, black text states, "Though the Board processed cases more quickly, the increase in case intake left 145 cases (bold) pending before the Board at the end of FY22 - a 28% increase (bold) from last year." On the left hand side is a photo of two piles of case folders.
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The Board’s prioritization of election-related matters was particularly successful — median processing time for a request for review of a regional decision in a representation case decreased 42% from 74 days in FY2021 to 43 days in FY2022.
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