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Union Representatives and OSHA Inspections

Kollman & Saucier
Kollman & Saucier
02/16/2024
NLRB, OSHA, Protected Concerted Activity
The Occupational Safety and Health Administration (OSHA) is poised to implement a rule allowing union representatives to accompany OSHA Certified Safety and Health Officials (CSHOs) during workplace inspections.  The notice of proposed rulemaking was included in the August 30, 2023 issue of the Federal Register. Comments were due on October 30, 2023.  The proposed regulation now sits with the White House in what appears to be the last step before...
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NLRB Revises Workplace Rules Standards

Kollman & Saucier
Kollman & Saucier
08/03/2023
Handbooks/Policies, Labor Law, Legal Developments, NLRB, Protected Concerted Activity, Union Activity
As has been anticipated for some time, the National Labor Relations Board (NLRB), in Stericycle, Inc. (Aug. 2, 2023), adopted a new standard for determining whether workplace rules are lawful under the National Labor Relations Act.  The new standard is similar to the analysis used prior to the Board’s 2017 decision in Boeing Co. Under the Stericycle framework, the lawfulness of workplace rules under the NLRA turns on whether workers would view...
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National Labor Relations Board Changes its Mind (Again) – Reverts to Previous Rule on Disciplining Misconduct Occurring in Connection with Protected Activity

Kollman & Saucier
Kollman & Saucier
05/04/2023
Labor Law, Protected Concerted Activity
It is no secret that the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel Abruzzo is pushing a pro-union/employee agenda.  She stated as much in 2021 when she released her 10-page memo to NLRB staff outlining that under her leadership, the NLRB would focus on reviewing the “numerous adjustments to the law, including a wide array of doctrinal shifts” that occurred under the NLRB’s prior leadership.  Don’t...
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