NLRB Division of Judges Releases 2024 Bench Book

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. NLRB Division of Judges Releases 2024 Bench Book 04/03/2024 09:21 AM EDT 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.

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

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. Union Petitions Up 35%, Unfair Labor Practices Charge Filings Up 7% in the First Half of Fiscal Year 2024 04/09/2024 09:29 AM EDT 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.”

Daily eBriefs - April 5, 2024

Employment The Emergency Ambulance Employee Safety and Preparedness Act clarified existing law, but even if it changed existing law, retroactive application of the act satisfies constitutional requirements. Silva v. Medic Ambulance Service - filed April 4, 2024, First District, Div. One Cite as 2024 S.O.S. 1264 Full text click here >http://sos.metnews.com/sos.cgi?0324//A167098.

NLRB Division of Judges Releases 2024 Bench Book

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. NLRB Division of Judges Releases 2024 Bench Book 04/03/2024 09:21 AM EDT 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.

Daily eBriefs - March 26, 2024

Employment Law Employees who prevail in actions to recover unpaid minimum and overtime wages are entitled to their reasonable litigation costs under Labor Code §1194(a), irrespective of the amount recovered. Gramajo v. Joe's Pizza on Sunset - filed March 25, 2024, Second District, Div. Eight Cite as 2024 S.O.S. 1110 Full text click here http://sos.metnews.com/sos.cgi?0324//B322697

Daily eBriefs - March 12, 2024

Contracts A plaintiff who worked at a California warehouse facility which received merchandise from mostly international locations belonged to a class of workers engaged in foreign or interstate commerce and was therefore exempted from the Federal Arbitration Act; an employee is not categorically excluded from the transportation worker exemption simply because he performs duties on a purely local basis. Ortiz v. Randstad Inhouse Services - filed March 12, 2024 Cite as 2024 S.O.S. 23-55147 Full text click here >http://sos.metnews.com/sos.cgi?0324//23-55147.

Daily eBriefs - March 11, 2024

Intellectual Property An employer was the prevailing party on its trade secret misappropriation claim where a jury found the defendant misappropriated its trade secrets, even though the jury also found that the misappropriation did not cause the employer to suffer damages or the employee to be unjustly enriched. Applied Medical Distribution v. Jarrells - filed March 8, 2024, Third District, Div. Eight Cite as 2024 S.O.S. 958 Full text click here >