NLRB Roundup Part 3: New Election Rules, Class Action Waivers and (Maybe?) Recess Appointments


The National Labor Relations Board has had a busy few weeks. First, over the dissent of its sole Republican Member, Brian Hayes, it issued a final rule implementing new procedures for union elections. Second, it issued a decision in D.R. Horton, 357 NLRB No. 184 (January 3, 2012), a much-anticipated case involving class action waivers in collective bargaining agreements. Third, on the heels of the D.R. Horton decision, President Obama made three “recess” appointments to the Board in an effort to give it a full complement of members and continue its operations in 2012. Finally, the Board released the much anticipated follow up to its Specialty Healthcare decision, opening the door for unions to organize “micro-units” within a larger workforce. This alert discusses these developments. To read the full alert, click on the PDF linked below.

PDF - NLRB_Roundup_Part_3.pdf

If you have any questions regarding this alert, please contact one of the lawyers listed below or visit the Haynes and Boone Labor and Employment Practice page of our website.

Dean J. Schaner

Alex Stevens

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