button Vol. 5
No. 6
Winter 2000

line INSIDE line

America's Work Ethic: How Hard Do We Really Work?
line Terminating Employees: Ease the Pain
line NLRB Allows Temps to Join Unions
line Woman Not Hired Because She Valued Family Life Too Much
line Notes on Recent NLRB Decisions
line Leave for Domestic Violence-Related Services
- New Law
line The Trusted Advisor
- Book Review
line Briefs

Braun Consulting News
News on Personnel, Labor Relations and Benefits

See our Archive Pages for Back Issues of Braun Consulting News!

button Notes on Recent NLRB Decisions.

We have noticed that employers are concerned over the alarming rate at which the NLRB has been overturning long-standing precedent in cases that have come before the board. It should be noted that Federal courts have admonished the board for not following its own prior decisions and for failing to provide sufficient rationale for changing its own precedent.

Since last November, the NLRB has overturned precedent in numerous cases, among them:

  1. Boston Medical Center - Overturned more than 20 years of precedent by ruling that interns and residents should be considered employees under the National Labor Relations Act.
  2. Atlantic Limousine, Inc. - Overturned precedent dating to 1969 regarding incentives for employees to participate in a representation election.
  3. Epilepsy Foundation of Northeast Ohio - Overturned precedent dating to the 1980s by ruling that non-unionized employees may have a person of their choosing present in disciplinary investigations, even when confidential interviews are necessary.
  4. M.B. Sturgis, Inc. - Overruled precedent dating to 1973 regarding the eligibility of temporary workers to participate in NLRB elections.
  5. Family Service Agency - Overturned 43 years of precedent regarding eligibility for union election observers in a representation election.

It is has become increasingly difficult for employers to be in compliance with current law and the NLRB's interpretation of that law. This is true, in part, because the NLRB's decisions are oftentimes overturned by a court of appeals.

For more on the NLRB's recent decisions see our feature article on the 9th Circuit NLRB Ruling located at: http://www.braunconsulting.com/bcg/nlrburns.html.

Also see "NLRB Broadens Regulation of Nonunion Employer Conduct", as well as an article dating back to the summer of 1999 titled "NLRB ruling... a portent of things to come?".

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