HomeWebcastThe Future of NLRB Under the New Administration: Out With The Old and In With The New?
Online CLE NLRB CLE

The Future of NLRB Under the New Administration: Out With The Old and In With The New?

Live Webcast Date: Wednesday, February 15, 2017 from 3:00 pm to 4:00 pm (ET)
Employment/Labor Law CLE & CPERecording

Online CLE NLRB

Join us for this Knowledge Group Online CLE NLRB Webinar. Under the Trump administration, many employers remain uncertain as to what the workplace will look like under the 45th President of the United States. While the questions about how will the new regime change will impact labor and employment law is yet to be seen in the first quarter of 2017, it is an advantage for employers to consider the potential implications early on. A newly-constituted National Labor Relations Board (NLRB) may reverse or narrow some of the decisions issued by the NLRB under the Obama administration.

The labor landscape will likely see significant changes during the course of a Trump presidency. Speculation about how he will influence labor law will run rampant throughout his early presidency. Listen as a panel of key thought leaders and seasoned professionals assembled by The Knowledge Group will keep the audience apprised with the recent issues and latest developments involving the NLRB, as well as its future under the Trump administration and its expected impact on the workplace.

Key Issues:

  • Labor Relations Under Trump Administration
  • Union Elections
  • Union Organizing
  • NLRB’s Recent Decisions
  • Best Compliance Practices

Agenda

Jason W. Kearnaghan, Partner
Sheppard, Mullin, Richter & Hampton LLP
AND
W. Terrence Kilroy, Shareholder
Polsinelli PC
  • Composition of Trump’s NLRB
    • Currently there are two vacant Board positions
    • Term of Griffin, Jr. (General Counsel) expires in November 2017
    • Term of Miscimarra (Republican) expires in December 2017
    • Trump appointees will reflect his (pro-business) labor priorities
    • Potential delay in NLRB change (No immediate relief for employers defending against ULP charges)
      • Board members require Senate confirmation; Trump is focused on Senate confirmation of cabinet positions
      • The NLRB does not appear to be a Trump priority (e.g., the Wall and Immigration Reform)
  • Class Action Waivers
    • Issue stems from the NLRB’s D.R. Horton ruling
    • Certiorari granted by U.S. Supreme Court in trio of cases
    • Oral argument may not occur before end of the Supreme Court’s current term
    • Trump NLRB likely to reverse the Obama NLRB’s stance on D.R. Horton
    • Reversal may not impact Supreme Court review based on the Circuit Court split
  • Micro-Units
    • 2011 Specialty Healthcare decision adopted a new standard for bargaining unit determinations
    • The burden was placed on the employer to prove the appropriateness of the voting unit
    • 2016 saw multiple U.S. Courts of Appeals uphold the NLRB’s new approach
    • Reversion back to the Park Manor test which looked at “community of interest” and organizational structure of the work performed
  • Employer Policies/Less Expansion of Section 7 Rights
    • Obama Board saw an increase in employer policies being deemed in violation of “protected and concerted activity”
      • Non-compete clauses
      • At-will provisions
      • Social media policies
      • Overbroad harassment/discourteous behavior policies
      • Confidentiality of workplace investigations
      • Dress codes
    • Trump Board could reassess the “chilling effect” of certain employer policies
    • Trump Board could clear up grey area established in Lutheran Heritage regarding “reasonably” construed to interfere with concerted activity
    • Trump Board could allow employers increased discretion when promulgating handbook provisions/workplace rules
  • Modification of “Quickie Election” Rules
    • Median days between petition to election were reduced by two weeks (approximately 40 days to approximately 23 days)
    • Other changes
      • Mandatory pre-election posting
      • Statement of position required – within 7 days following Notice of Hearing
      • Initial employee list to union required (with personal contact information)
      • Limited pre-election hearing
      • 25 day waiting period for Direction of Election is eliminated
      • Expedited post-election objections and hearing
    • Comparison of data pre and post-“Quickie Election” implementation
      • Same amount of representation petitions filed (approximately 2,150)
      • Same amount of stipulated election agreements (over 90%)
      • Same union win rate (approximately 70%)
    • Will Trump’s NLRB dispute that involved his Las Vegas eliminate or roll-back the “Quickie Election” rules
  • Joint Employment
    • Overview of Browning-Ferris decision
      • Founded on potential control, not actual control
    • In 2017, U.S. Court of Appeal, D.C. Circuit is expected to rule on Browning-Ferris
    • Staffing companies, subcontractors, distributors, and franchisees exposed to collective bargaining obligations, economic protests, and unfair labor practice charges
      • Impact on Miller & Anderson decision involving temporary workers
    • Republican controlled Congress may act to overturn this new Joint Employer standard
    • Trump Board could re-define joint employer determinations

Who Should Attend

  • Employees
  • Employers
  • HR Personnel
  • Labor and Employment Legal Counsel
  • Regulatory and Policy Managers

Online CLE NLRB

Jason W. Kearnaghan, Partner
Sheppard, Mullin, Richter & Hampton LLP
AND
W. Terrence Kilroy, Shareholder
Polsinelli PC
  • Composition of Trump’s NLRB
    • Currently there are two vacant Board positions
    • Term of Griffin, Jr. (General Counsel) expires in November 2017
    • Term of Miscimarra (Republican) expires in December 2017
    • Trump appointees will reflect his (pro-business) labor priorities
    • Potential delay in NLRB change (No immediate relief for employers defending against ULP charges)
      • Board members require Senate confirmation; Trump is focused on Senate confirmation of cabinet positions
      • The NLRB does not appear to be a Trump priority (e.g., the Wall and Immigration Reform)
  • Class Action Waivers
    • Issue stems from the NLRB’s D.R. Horton ruling
    • Certiorari granted by U.S. Supreme Court in trio of cases
    • Oral argument may not occur before end of the Supreme Court’s current term
    • Trump NLRB likely to reverse the Obama NLRB’s stance on D.R. Horton
    • Reversal may not impact Supreme Court review based on the Circuit Court split
  • Micro-Units
    • 2011 Specialty Healthcare decision adopted a new standard for bargaining unit determinations
    • The burden was placed on the employer to prove the appropriateness of the voting unit
    • 2016 saw multiple U.S. Courts of Appeals uphold the NLRB’s new approach
    • Reversion back to the Park Manor test which looked at “community of interest” and organizational structure of the work performed
  • Employer Policies/Less Expansion of Section 7 Rights
    • Obama Board saw an increase in employer policies being deemed in violation of “protected and concerted activity”
      • Non-compete clauses
      • At-will provisions
      • Social media policies
      • Overbroad harassment/discourteous behavior policies
      • Confidentiality of workplace investigations
      • Dress codes
    • Trump Board could reassess the “chilling effect” of certain employer policies
    • Trump Board could clear up grey area established in Lutheran Heritage regarding “reasonably” construed to interfere with concerted activity
    • Trump Board could allow employers increased discretion when promulgating handbook provisions/workplace rules
  • Modification of “Quickie Election” Rules
    • Median days between petition to election were reduced by two weeks (approximately 40 days to approximately 23 days)
    • Other changes
      • Mandatory pre-election posting
      • Statement of position required – within 7 days following Notice of Hearing
      • Initial employee list to union required (with personal contact information)
      • Limited pre-election hearing
      • 25 day waiting period for Direction of Election is eliminated
      • Expedited post-election objections and hearing
    • Comparison of data pre and post-“Quickie Election” implementation
      • Same amount of representation petitions filed (approximately 2,150)
      • Same amount of stipulated election agreements (over 90%)
      • Same union win rate (approximately 70%)
    • Will Trump’s NLRB dispute that involved his Las Vegas eliminate or roll-back the “Quickie Election” rules
  • Joint Employment
    • Overview of Browning-Ferris decision
      • Founded on potential control, not actual control
    • In 2017, U.S. Court of Appeal, D.C. Circuit is expected to rule on Browning-Ferris
    • Staffing companies, subcontractors, distributors, and franchisees exposed to collective bargaining obligations, economic protests, and unfair labor practice charges
      • Impact on Miller & Anderson decision involving temporary workers
    • Republican controlled Congress may act to overturn this new Joint Employer standard
    • Trump Board could re-define joint employer determinations

Online CLE NLRB

Online CLE NLRB

Jason W. KearnaghanPartnerSheppard, Mullin, Richter & Hampton LLP

Jason Kearnaghan is a Labor & Employment Partner in the downtown Los Angeles office of Sheppard Mullin Richter & Hampton, LLP.  Jason represents employers in state and federal courts with respect to all facets of employment law including wrongful discharge, employment discrimination, retaliation, sexual harassment, and hostile work environment. A significant portion of his practice is devoted to the defense of complex wage and hour class action litigation. He also has substantial experience representing employers in union negotiations, organizing campaigns, elections, union grievance proceedings and unfair labor proceedings. Jason also represents clients before state and federal administrative agencies, such as the Department of Labor, the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, and the National Labor Relations Board.

Prior to joining Sheppard Mullin, Jason served in the United States Navy Judge Advocate General's Corps as a trial attorney in criminal prosecution.

Online CLE NLRB

W. Terrence KilroyShareholderPolsinelli PC

W. Terrence Kilroy has 35 years of experience in a wide range of labor law subjects, including NLRB matters, State of Missouri Board of Mediation proceedings, management-union arbitrations, union campaigns and collective bargaining. The 2013 Edition of Chambers USA stated Mr. Kilroy "is renowned for his expertise in the traditional labor sphere."

Online CLE NLRB

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   145931

NASBA Field of Study:
   Business Management & Organization - Non-Technical

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credit:
    1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Sheppard Mullin is a full service Global 100 firm handling corporate and technology matters, high stakes litigation and complex financial transactions. From our 15 offices in North America, Europe and Asia, we offer global solutions to our clients around the world, providing seamless representation in multiple jurisdictions.

Sheppard Mullin attorneys have provided superior service to thousands of large and small employers on the full range of labor and employment matters since 1937. Our goal is to provide cost effective expertise, and we work with our clients on decisions surrounding staffing, scope of work, budgeting and deadlines in order to meet and exceed their expectations of what they might require from counsel.

Our diverse industry expertise allows us to fully understand our clients' practical business concerns. We strive to keep our clients informed on how new labor and employment laws affect both business and organizational procedures. By regularly providing educational advice and training programs on such diverse human resource issues ranging from sexual harassment and employee privacy to diversity training and personnel policies, we are able to assist our client in mitigating problems before they can occur.

Website: https://www.sheppardmullin.com/

Polsinelli is an Am Law 100 firm with more than 800 attorneys in 20 offices, serving corporations, institutions, and entrepreneurs nationally. Recently ranked #17* for client service excellence among firms servicing Fortune 500 clients, the firm has risen more than 50 spots in Am Law's annual firm ranking over the past five years. Polsinelli attorneys provide practical legal counsel infused with business insight, and focus on health care, financial services, real estate, intellectual property, mid-market corporate, labor and employment, and business litigation. Polsinelli attorneys have depth of experience in 100 service areas and 70 industries.

Website: https://www.polsinelli.com/

Jason Kearnaghan is a Labor & Employment Partner in the downtown Los Angeles office of Sheppard Mullin Richter & Hampton, LLP.  Jason represents employers in state and federal courts with respect to all facets of employment law including wrongful discharge, employment discrimination, retaliation, sexual harassment, and hostile work environment. A significant portion of his practice is devoted to the defense of complex wage and hour class action litigation. He also has substantial experience representing employers in union negotiations, organizing campaigns, elections, union grievance proceedings and unfair labor proceedings. Jason also represents clients before state and federal administrative agencies, such as the Department of Labor, the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, and the National Labor Relations Board.

Prior to joining Sheppard Mullin, Jason served in the United States Navy Judge Advocate General's Corps as a trial attorney in criminal prosecution.

W. Terrence Kilroy has 35 years of experience in a wide range of labor law subjects, including NLRB matters, State of Missouri Board of Mediation proceedings, management-union arbitrations, union campaigns and collective bargaining. The 2013 Edition of Chambers USA stated Mr. Kilroy "is renowned for his expertise in the traditional labor sphere."

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