NLRB Reverses Rulings

NLRB Reverses Rulings

 

(April 2018)  In December 2017, the National Labor Relations Board (NLRB) reserved two rulings made under President Obama.  With the NLRB now composed of a Republican majority, many businesses are hoping that a third decision (Browning Ferris) will reversed sometime this year.  This decision says that a business entity could be found to be a “joint employer” if it has even indirect or potential control over individuals who were employed by another entity.

The first decision reversed in 2017 was the Specialty Healthcare decision, which allowed unions to petition for “micro-units’ making an employer now potentially bargain with several distinct entities within the business. The Board went back to the old standard of “traditional community of interest,” allowing the consideration of all employees, not just those in a petitioned-for micro unit.

The second was the Lutheran Heritage ruling which emphasized employee rights when considering objections to certain employer policies, often minimizing the reason why the policy was created in the first place. Under the new rule, the Board will consider any “legitimate justification” associated with the employer policy.

Textile Care Allied Trades Association · 4023 North Armenia Avenue, Suite 270 · Tampa, FL · USA · 33607 · 813-348-0075
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