OSHA and NLRB

4 weeks ago

We continue to see funding changes at the federal level which are leading to changes at agencies. These changes will likely change things for employers. Below are a couple of highlights regarding the trends.

For those of you who are private employers with unionized employees, the National Labor Relations Board (NLRB), Acting General Counsel just issued a Memorandum to provide guidance on unfair labor practice (ULP) charges as it relates to their investigation procedures.

Counsel noted that deferring ULPs to the parties’ grievance process (as in the Steelworker’s Trilogy case) “gives credence to their contract and fosters stability in labor relations.” Counsel noted that this allows for a “judicious” use of Agency resources.

The memo provides guidance, referring regional offices to the deferral standards used in DUBO Manufacturing Corporation. Counsel provides guidance to those offices that if the criteria is not met using that case, the regional offices should consider whether a deferral under the Collyer Insulated Wire case is appropriate. Parties whose cases are deferred to their own negotiated processes will need to advise NLRB of the status of the case twice per year, on March 15 and September 15. Counsel notes that while this is in an effort to focus the agency’s resources but states that “Where the parties do not have mutually agreed upon dispute resolution mechanisms…the Agency retains jurisdiction over deferred cases and will review ultimate disposition if requested by the parties.”

This comes on the heels of changes within the Federal Mediation and Conciliation Service (FMCS) which led to some initial layoffs and the potential long-term funding changes which it is believed will result in removal of their mediation program.

Additional potential regulatory changes are in the Federal queue and comments are still being taken by the public for many of them. Some of those changes are also in an effort to remove duplication and ensure efficiency among the different agencies, leading to less regulatory oversight by the Feds in regards to certain items.

Regulatory changes at the federal level may or may not change employer’s practices dependent on the intersection of State laws. These potential changes will be changes that employers will want to track.

At Southwestern HR Consulting (SWHRC) we can help you with ensuring your personnel policies are up-to-date. We can also provide you with mediation services from our labor relations specialist. Contact us at SWHRC today to find out more!