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Monday, May 17, 2021 he National Labor Relations Board (NLRB) declined to modify its “contract bar” rule. Under NLRB procedure, once a collective bargaining agreement (CBA) is executed, the Board will not process a request for a representation election concerning the employees in that bargaining unit unless the petition is filed within a 30-day “window period” (typically, between the last 60-90 days prior to the CBA expiration), or after the contract expires, or after the third anniversary of any CBA that is longer than three years. This is referred to as the “contract bar” rule. In Mountaire Farms, 370 NLRB No. 110 (Apr. 21, 2021), the NLRB considered whether it should rescind or modify the contract bar doctrine. After considering the parties’ briefs and briefs submitted by the public, it declined to modify the doctrine. While the NLRB expressed concern that the “window period” provided by the doctrine may not be readily ascertainable to emp ....
Thursday, May 6, 2021 The National Labor Relations Board issued an order on April 20, 2021, in which it declined to rule on whether the agency’s acting general counsel, Peter Sung Ohr, was legally appointed. Shortly after President Biden took office, he terminated the Board’s prior General Counsel Peter Robb after Robb refused to resign. Robb was serving the last year of a statutory four-year term when he was fired. Biden replaced Robb with Peter Sung Ohr, who is currently serving as the acting general counsel while Biden’s permanent appointment, Jennifer Abruzzo, awaits Senate confirmation. Robb’s abrupt departure sparked a series of legal challenges before the Board, as challengers argued that President Biden fired Robb illegally and thus his appointment of a successor is invalid. The National Labor Relations Act defines the conditions in which the President can remove board members, but is silent on whether the President can remove the general couns ....
On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and subsequent replacement with Acting General Counsel Peter Sung Ohr. It now sets the stage for a federal court of appeals – and potentially, the U.S. Supreme Court – to weigh in on the issue of whether Ohr’s appointment and his subsequent actions as Acting General Counsel are valid. As we discussed here and here, Robb, who was in the last year of his four-year term, was terminated shortly after President Biden’s inauguration on January 20, 2021, after Robb refused to resign. Robb’s termination, and the subsequent appointment of Acting General Counsel Peter Sung Ohr, has been the basis of legal challenges in several cases before the Board. The parties challenging the appointment have argued that under Section 3(d) of the Act and the Appo ....