The National Labor Relations Board (NLRB) has wrapped up a busy 2022 with four worker-friendly decisions that will reshape the 2023 jobs landscape.
NLRB Adds Consequential Damages Relief
In its most widespread opinion, Slive Co., Ltd., the NLRB determined that consequential damages may be sought as part of the Board’s usual “overall” remedies, such as reinstatement and reimbursement. This dramatic change from previous practice means that employers found to have violated federal labor law could be ordered to pay workers for a wide range of potential consequences of violations. means A personal loan to cover living expenses. In its own view, the NLRB avoided the term “consequential damages,” but instead called the remedy “compensation for direct or foreseeable monetary damages,” but with the same legal effect. Employers should be aware of additional tools in the NLRB’s Make-Wide Relief Toolkit.
of Slive Inc.The decision follows Memorandum GC 21-06 and Memorandum GC 21-07, in which Jennifer Abruzzo General Counsel stated to the Board Region that “the loss suffered by the victim of tort can be fully compensated. It requested that the full guise of available remedies be sought to It is the result of unfair labor practices. In memorandum GC 22-06, she provided an update on these efforts and stated that communities could “compensate for consequential economic damages” in a variety of ways, from charges incurred for late rent to the cost of formula for loss. “We have succeeded in securing The cost of a pumping station at work or the cost of converting an ex-employee’s car for a new job.
of Slive Inc.The decision also emphasized that the NLRB considers the economic impact of labor law violations in any case “regardless of the severity of the violation or the defendant’s past conduct.” Mainly need to inform.
NLRB Facilitates ‘Microunit’ Union Organizing Tests
of American Steel Construction Company., NLRB has revived a standard established in 2011. specialized medicine This allows trade unions to organize small groups of employees (sometimes called “micro units”). The test (re)adopted by the NLRB requires that additional employees (in practice, often employees who do not support the union and cause the union to lose majority support) be included in petitioned departments. is used to determine if there is Appropriate as a bargaining unit. Under this framework, the NLRB should first consider three factors: (2) Whether the petitioning unit is “readily identifiable as a group” by “job, department, function, location, skills, or similar factors.” (3) whether the petitioned department is “sufficiently different” from the excluded employee; Then, if a party argues that a unit petitioned to satisfy these factors must include additional employees in order to become a suitable unit, the excluded employee may be of “overwhelming interest”. It is the party’s responsibility to meet the high standards of demonstrating that they share a “community of With units petitioned so that they must be included.as seen before specialized medicine Having been overruled by the Republican-majority Board of Governors in 2017, this burden is extremely difficult to meet.
In dealing with the range of american steel Commenting on the decision, NLRB Chair Lauren McFerran explained:[t]The board’s task in assessing the adequacy of bargaining units is to ensure that workers receive benefits. . . full freedom of association. Chairman McFerran said:[r]return to specialized medicine Standards are consistent with this principle and ensure that workers have the ability to organize in units of their choice, unless they are arbitrary and unreasonable. ”
american steel Support union organizing efforts and make it easier for unions to establish majority support within smaller employee units.
NLRB reaffirms longstanding restrictions on questioning union activity
of Sunbelt Rentals Co., Ltd.., the NLRB reaffirmed its 1964 decision, Johnny’s poultrya decision that the NLRB’s former Republican majority sought to overturn in 2021. Johnny’s poultry This standard applies to the questioning of an employee’s employer in the course of preparing an Unfair Labor Practices (ULP) defense and requires employers to: (3) subject to retaliation for participating in questioning; and (3) voluntarily enlisting employee participation. Because of the “inherent dangers of coercion” that exist in ULP interrogation, the NLRB Johnny’s poultry Standards as a necessary means of balancing the competing interests of employees and employers.
but Johnny’s poultry Although it was a relatively well resolved rule under NLRB precedent, it was not consistently applied by review courts. Employers should remember to provide sufficient information after this latest reconfirmation. Johnny’s poultry Risk facing a warranty (ideally in writing) or another ULP.
NLRB restores relaxed standards for property access
among them Bexar County Performing Arts Center Foundation (Bexar County II), the NLRB repealed the 2019 rule (Bexar County I) made it easier for employers to lock out off-duty employees of onsite contractors.Now under revival new york, new york The standard requires property owners to designate off-duty employees of on-site contractors as “if the owner can demonstrate that their activity significantly interferes with the use of the property, or if the exclusion is another legitimate business. Exclusions may only be made if justified by the above reasons. The NLRB describes the need to “maintain production and discipline” as an example of a legitimate business reason for standards.Revived new york, new york standard invert focus Bexar County Iemphasizes the impact of workers’ activities over the interests of property owners.
This is another dramatic change. Bexar County I This standard allowed employers to prohibit off-duty employees of onsite contractors from accessing physical assets for the purpose of engaging in NLRA Section 7 activities. A “reasonable, stress-free alternative” to getting their message across.
of NLRBs Bexar County II This ruling greatly expands the ability of contract workers to engage in bargaining and organizing activities protected by NLRA Section 7 on the land on which they work. This standard applies regardless of whether the worker’s employer owns the property. Employers and owners of assets used by employers should review any contracts they may have with contractors regarding potential worksite disruptions.
Conclusion
Taken together, the NLRB’s decision underscores workers’ committees keen to expand worker protections. Legal changes brought about by the NLRB Slive Inc., american steelWhen Bexar County II Decisions can be felt almost instantly by employers.because Sunbelt Rentals Co., Ltd.The decision is simply double-checking Johnny’s poultry, the effect is more muted. Nonetheless, employers should be aware of the extent of worker protections in each decision as it shows what to expect in 2023.
