N.L.R.B. Press Releases

1. Board Issues Technical Correction to Representation Rule

   April 12, 2024

   Today, the Federal Register published a technical correction to the Board’s Final Rule on Representation Case Procedures, published August 24, 2023. The document published today corrects two outdated cross-references. The correction makes no substantive change to the rule, which meaningfully reduced the time it takes to get from petition to election in contested elections and expedited the resolution of post-election litigation. 

   View a fact sheet about the new rule. 

2. Union Petitions Up 35%, Unfair Labor Practices Charge Filings Up 7% in the First Half of Fiscal Year 2024

   April 09, 2024

   During the first six months of Fiscal Year 2024 (October 1–March 31), union election petitions filed at NLRB field offices rose 35% over the same period in Fiscal Year 2023. Notably, this is driven by a spike in employer-filed RM-petitions, after the Board’s Cemex decision, accompanied by an uptick in employee-filed RC-petitions. In total, 1,618 petitions were filed during this time, compared with 1,199 in the first half of Fiscal Year 2023. Of the recent petitions, 1,137 were RC-petitions and 281 were RM-petitions. 

   At the same time, unfair labor practice (ULP) charges filed across the NLRB’s field offices have increased 7%—from 9,612 to 10,278.  Accounting for union petitions and unfair labor practice charges, the NLRB received 11,896 cases in the first half of Fiscal Year 2024, up 10% over the first half of Fiscal Year 2023 when the field offices received 10,811 cases. 

   This increase in filings continues the surge in NLRB caseload in recent years. In Fiscal Year 2023, ULP charges were up 10% and election petitions were up 3% over the previous year. In Fiscal Year 2022, union petitions were up 53% and ULP charges filed increased 19% over Fiscal Year 2021. 

   The surge in caseload occurs as the Agency struggles with funding and staffing shortages. Last month, Congress flat-funded the NLRB at $299.2 million at a time when more resources are desperately needed. Last year, Congress gave the NLRB a $25 million increase, which ended a hiring freeze, prevented furloughs, and allowed the NLRB to backfill some critical staff vacancies. However, the Agency remains understaffed after flat funding in nine of the past 10 years. In the past two decades, staffing in field offices has shrunk by 50%.  

   “As the NLRB’s case intake reflects a critical moment in our nation’s history, I’m proud of NLRB Field and Headquarters staff for processing cases with professionalism and care,” said NLRB General Counsel Jennifer Abruzzo. “However, Congress needs to fully fund the NLRB to effectively and efficiently comply with our Congressional mandate when providing quality service to the public in conducting hearings and elections, investigating charges, settling and litigating meritorious cases, and obtaining full and prompt remedies for workers whose rights are violated.” 

3. Region 25-Indianapolis Secures Settlement Requiring La-Z-Boy Furniture Galleries to Rescind Unlawful Work Rules, Pay $297,000 to Employees

   April 04, 2024

   On March 15, 2024, Region 25-Indianapolis obtained approval for an agreement settling a case against Hilst Enterprises, Inc. d/b/a La-Z-Boy Furniture Galleries (Employer), a furniture seller, based on an unfair labor practice charge filed by a former employee who had been unlawfully laid off in retaliation for engaging in protected concerted conduct.

   Region 25 issued a complaint against the Employer in February 2023 alleging that, among other things, the Employer maintained unlawful work rules prohibiting employees from discussing wages, hours, and working conditions, and discharged two employees, who had concertedly raised issues about wages, hours, and working conditions to the Employer, in order to discourage other employees from engaging in these and other concerted activities.

   In the settlement agreement, the Employer agreed to rescind its unlawful work rules prohibiting employees from discussing their working conditions; pay $297,000 in backpay, front pay, interest, excess tax, mileage, and medical expenses for the two discharged employees; remove the unlawful discharges from the employees’ files; send a letter of apology to the discharged employees; and mail and email a notice to its employees.

   “I applaud the great work of Region 25 staff investigating and litigating the case and obtaining this excellent settlement,” said NLRB Region 25 Regional Director Patricia K. Nachand. “Workers have a right to take collective action free from retaliation. These hard-fought remedies are a critical part of effectuating the National Labor Relations Act.”

4. NLRB Division of Judges Releases 2024 Bench Book

   April 03, 2024

   Washington, D.C - The Judges Division of the National Labor Relations Board (NLRB) has issued an updated Bench Book, which replaces the last update issued in April 2023. The Bench Book serves as an NLRB trial manual and is designed to provide NLRB Administrative Law Judges (ALJs) with a reference guide during hearings. It is also a useful tool for practitioners before the Board because it sets forth Board precedent and other rulings and authorities on certain recurring procedural and evidentiary issues that may arise during hearings.

   This year’s edition includes citations to numerous additional Board and court decisions. It also includes the most recent amendments to the Federal Rules of Evidence.

   The 2024 edition was edited by ALJ Jeffrey Wedekind, who has served as editor since 2010, and ALJs Mara-Louise Anzalone, Paul Bogas, Lauren Esposito, and Sharon Steckler as associate editors. It also includes a foreword by Chief ALJ Robert Giannasi describing the Bench Book’s history and purpose.

5. Region 32-Oakland Secures Settlement Requiring Lucid to Rescind Unlawful Severance Agreement Language

   March 20, 2024

   On March 5, 2024, Region 32-Oakland Regional Director Valerie Hardy-Mahoney approved an agreement settling a case against Lucid Group, Inc. (Employer), an electric vehicle manufacturer, based on an unfair labor practice charge filed by its former employees who had been laid off under a May 2023 reduction in force.

   The unfair labor practice charge filed in August 2023 alleged that the Employer’s severance agreement contained unlawful provisions that would prevent or discourage employees from exercising their right to engage in protected concerted activity under the National Labor Relations Act.

   In the settlement agreement, the Employer agreed to revise its severance agreement to remove an overbroad confidentiality provision, to not seek enforcement of the provision in the severance agreements entered into by the charging parties, and to post a notice of employee rights at its Newark, CA facility and email it to all current employees and those who were employed by the Employer at the Newark Facility and who were part of the reduction in force.

   “As General Counsel Abruzzo has explained, unlawful severance agreement provisions like these interfere with employees’ exercising their rights under Section 7 of the National Labor Relations Act,” said Region 32 Regional Director Valerie Hardy-Mahoney. “I am proud of our staff for their efforts in protecting employee rights and achieving this settlement.”

   In February 2023, the NLRB issued a decision in McLaren Macomb returning to longstanding precedent holding that employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act. The decision involved severance agreements offered to furloughed employees that prohibited them from making statements that could disparage the employer and from disclosing the terms of the agreement itself.