Archived Notices for Briefs and Invitations

The following invitations for briefs are no longer active:

NLRB Invites Briefs Regarding Work Rules Standard

Washington, D.C., January 06, 2022 - In a notice issued in Stericycle, Inc. 371 NLRB No. 48 (2021), the National Labor Relations Board invited parties and amici to submit briefs addressing whether the Board should adopt a new legal standard to determine whether employer work rules violate Section 8(a)(1) of the National Labor Relations Act. Section 8(a)(1) of the Act makes it an unfair labor practice for an employer to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7 of the Act, which include the right to form a union, the right to bargain with their employer over terms and conditions of employment, and the right to join together in other ways for their mutual aid and protection. 

In 2017, the Board established a new standard for analyzing the lawfulness of employer work rules in Boeing Co., 365 NLRB No. 154 (2017), which was later refined in LA Specialty Produce Co., 368 NLRB No. 93 (2019).

Given the ubiquity of employer work rules and the importance of ensuring that such rules do not interfere with the exercise of employees’ rights under Section 7 of the Act any more than is justified by legitimate employer interests, the Board believes that it is appropriate, with public participation, to evaluate the standard adopted in Boeing, revised in LA Specialty Produce, and applied in subsequent cases.

In today’s notice, the Board invites the filing of briefs to afford the parties and interested amici the opportunity to address the following questions:

1. Should the Board continue to adhere to the standard adopted in Boeing Co. and revised in LA Specialty Produce Co.?

2. In what respects, if any, should the Board modify existing law addressing the maintenance of employer work rules to better ensure that:

(a) the Board interprets work rules in a way that accounts for the economic dependence of employees on their employers and the related potential for a work rule to chill the exercise of Section 7 rights by employees;

(b) the Board properly allocates the burden of proof in cases challenging an employer’s maintenance of a work rule under Section 8(a)(1); and

(c) the Board appropriately balances employees’ rights under Section 7 and employers’ legitimate business interests?

3. Should the Board continue to hold that certain categories of work rules—such as investigative-confidentiality rules as addressed in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144, (2019), non-disparagement rules as addressed in Motor City Pawn Brokers, 369 NLRB No. 132 (2020), and rules prohibiting outside employment as addressed in Nicholson Terminal & Dock Co., 369 NLRB No. 147 (2020), and G&E Real Estate Management Services d/b/a Newmark Grubb Knight Frank, 369 NLRB No. 121 (2020)—are always lawful to maintain?

Chairman McFerran and Members Wilcox and Prouty joined in issuing the notice and invitation for the Board. Members Kaplan and Ring dissented. 

Briefs not exceeding 20 pages in length may be filed with the Board in Washington, DC on or before March 7, 2022. The parties (but not amici) may file responsive briefs on or before March 22, 2022 which shall not exceed 30 pages in length.  No other responsive briefs will be accepted.  Motions for extensions of time in which to file briefs will not be granted absent compelling circumstances. The parties and amici shall file briefs electronically by E-Filing on nlrb.gov. If assistance is needed in E-filing, please contact the Office of Executive Secretary at 202-273-1940.

NLRB Invites Briefs Regarding Independent Contractor Standard

Washington, D.C., December 27, 2021 — In a notice issued in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), the National Labor Relations Board invited parties and amici to submit briefs addressing whether the Board should reconsider its standard for determining the independent contractor status of workers.

In 2019, in SuperShuttle DFW, Inc., the Board overruled the prior standard for determining independent contractor status which was set forth in FedEx Home Delivery in 2014. The Board invites the filing of briefs to afford the parties and interested amici the opportunity to address the following questions:

1. Should the Board adhere to the independent-contractor standard in SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019)?
2. If not, what standard should replace it?  Should the Board return to the standard in FedEx Home Delivery, 361 NLRB 610, 611 (2014), either in its entirety or with modifications?

Chairman McFerran and Members Wilcox and Prouty issued the notice and invitation. Members Kaplan and Ring dissented. 

Briefs not exceeding 20 pages in length may be filed with the Board in Washington, D.C., on or before February 10, 2022.  The parties (but not amici) may file responsive briefs on or before February 25, 2022 which shall not exceed 30 pages in length.  No other responsive briefs will be accepted.  Motions for extensions of time in which to file briefs will not be granted absent compelling circumstances. The parties and amici shall file briefs electronically by E-Filing on nlrb.gov. If assistance is needed in E-filing, please contact the Office of Executive Secretary at 202-273-1940.

NLRB Invites Briefs Regarding Appropriate Bargaining Units

Washington, D.C., December 7, 2021 — In a notice issued in American Steel Construction 371 NLRB No. 41 (2021), the National Labor Relations Board invited parties and amici to submit briefs addressing whether the Board should reconsider its standard for determining if a petitioned-for bargaining unit is an appropriate unit. 

In PCC Structurals 365 NLRB No. 160 (2017), as revised in The Boeing Co., 368 NLRB No. 67 (2019), the Board overruled the prior standard for determining if a proposed bargaining unit is an appropriate unit, which was set forth in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011).  The Board invites the filing of briefs to afford the parties and interested amici the opportunity to address the following questions:

1. Should the Board adhere to the unit-determination standard in PCC Structurals, Inc., 365 NLRB No. 160 (2017), as revised in The Boeing Company, 368 NLRB No. 67 (2019)?
2. If not, what standard should replace it? Should the Board return to the standard in Specialty Healthcare, 357 NLRB 934 (2011), either in its entirety or with modifications?

Chairman McFerran and Members Wilcox and Prouty issued the notice and invitation. Members Kaplan and Ring dissented. 

Briefs not exceeding 20 pages in length may be filed with the Board in Washington, D.C., on or before Friday, January 21, 2022. The parties (but not amici) may file responsive briefs on or before Monday, February 7, 2022, which shall not exceed 30 pages in length.  No other responsive briefs will be accepted. The parties and amici shall file briefs electronically by E-Filing on nlrb.gov. If assistance is needed in E-filing, please contact the Office of Executive Secretary at 202-273-1940.

NLRB Invites Briefs Regarding Consequential Damage Remedy for Employees

Washington, D.C., November 10, 2021 — In a notice issued in Thryv, Inc. 371 NLRB No. 37 (2021), the National Labor Relations Board invited parties and amici to submit briefs addressing whether the Board should expand its traditional make-whole remedy for employees who are discharged, laid off, or otherwise discriminated against to more fully account for their actual economic losses.  The Board will consider whether to establish a practice of awarding a fuller accounting of “consequential damages,” in addition to loss of earnings and benefits, to employees who suffer unfair labor practices.

The Board’s traditional remedy for unlawful layoffs or terminations requires that employees be reinstated to their previous or substantially equivalent positions and be made whole for their loss of earnings and benefits, along with the search-for-work and interim employment expenses they incurred because of the unlawful conduct.

In the notice and invitation to file briefs, the Board asked for briefing on the following questions:

1. Should the Board modify its traditional make-whole remedy in all pending and future cases to include relief for consequential damages, where these damages are a direct and foreseeable result of a respondent’s unfair labor practice?
2. Alternatively, should the make-whole remedy include relief for consequential damages only upon findings of egregious violations by a respondent?
3. If consequential damages are to be included in make-whole relief, how should they be proved, and what would be required to demonstrate that they are a direct and foreseeable result of an employer’s unfair labor practice?
4. What considerations support making the proposed change to the Board’s traditional make-whole remedies?
5. What considerations support retaining the Board’s traditional exclusion of consequential damages from its make-whole remedies?

Chairman McFerran and Members Kaplan, Ring, Wilcox, and Prouty unanimously issued the notice and invitation.

Briefs not exceeding 20 pages in length shall be filed with the Board in Washington, D.C., on or before Monday, December 27, 2021. The parties (but not amici) may file responsive briefs on or before Tuesday, January 11, 2022, which shall not exceed 30 pages in length.  No other responsive briefs will be accepted. The parties and amici shall file briefs electronically by E-Filing on nlrb.gov. If assistance is needed in E-filing, please contact the Office of Executive Secretary at 202-273-1940.

***Update 12/15/2021***

To aid in the consideration of the issues raised in this case, the Board has extended the time for filing briefs from the parties and interested amici now to Monday, January 10, 2022. Parties (but not amici) now have until Tuesday, January 25, 2022 to submit responsive briefs.  Parties and amici should note that, as set forth in the order granting this extension of time, henceforth any future motion for extension of time to file briefs in this case will be denied absent compelling circumstances. 

NLRB Invites Briefs on Backpay Form-Filing Deadline

Washington, D.C., May 6, 2021 — Washington, D.C. — The National Labor Relations Board invited parties and amici to submit briefs in Cascades Containerboard Packaging—Niagara (03-CA-242367, et al.). In the notice and invitation to file briefs, the Board seeks public input on the deadlines for the forms and reports that employers are required to file when the Board has ordered the employer to pay backpay to employees. 

On February 9, 2021, the Board found that the employer in this case had violated the National Labor Relations Act and ordered the employer to pay backpay to affected employees. 

Additionally, at the General Counsel’s request, the Board adopted a new remedy requiring the employer file with the Regional Director a copy of each backpay recipient’s appropriate W-2 form(s). This was in addition to the existing remedy requiring respondent employers to submit backpay allocation reports to the Regional Director with 21 days. The Acting General Counsel has now asked the Board to impose a deadline for the filing of W-2 forms. 

The Board issued a Notice and Invitation to File Briefs, inviting the parties and interested amici to file briefs addressing the following questions: 

1. Should the Board impose a deadline within which a respondent employer must furnish to a Regional Director a copy of each backpay recipient’s appropriate W-2 form(s), reflecting the backpay award?  If so, what should the deadline be?
2. Should the Board modify the 21-day deadline for submission of a report allocating the backpay award to the appropriate calendar year for each affected employee? If so, what modification would be appropriate? 

Briefs not exceeding 25 pages in length shall be filed with the Board in Washington, D.C., on or before June 7, 2021. The parties may file responsive briefs on or before June 22, 2021, which shall not exceed 15 pages in length.  The parties and amici shall file briefs electronically by going to nlrb.gov and clicking on “E-Filing.”  

NLRB Invites Briefs Regarding Employer Investigations

Washington, D.C., March 1, 2021 — The National Labor Relations Board invited parties and amici to submit briefs in Sunbelt Rentals, Inc., 370 NLRB No. 94 (2021).  A majority of the Board asked for briefing on the following questions:

1. Should the Board adhere to or overrule Johnnie’s Poultry?
2. If the Board overrules Johnnie’s Poultry, what standard should the Board adopt in its stead?  What factors should it apply in determining whether an employer has violated the Act when questioning an employee in the course of preparing a defense to an unfair labor practice allegation?  Should the Board apply a “totality of the circumstances” standard?  Even if some of the Johnnie’s Poultry safeguards should be dispensed with, are there any that, if breached, should continue to render such questioning unlawful per se?

Members Kaplan, Emanuel, and Ring joined in issuing the notice and invitation; Chairman McFerran dissented.

Briefs not exceeding 25 pages in length shall be filed with the Board in Washington, D.C., on or before April 5, 2021.  The parties may file responsive briefs on or before April 20, 2021, which shall not exceed 15 pages in length.  No other responsive briefs will be accepted.  The parties and amici shall file briefs electronically by going to www.nlrb.gov and clicking on “eFiling.”  If assistance is needed in E-filing on the Agency’s website, please contact the Office of Executive Secretary at 202-273-1940.

Click here to read the notice and invitation to file briefs.

***Update 3/30/2021***

To aid in the consideration of the issues raised in the above-named case, the Board extended the time for filing amicus and responsive briefs in this matter. Under the extension, parties and interested amici may file briefs, not to exceed 25 pages in length, with the Board in Washington, D.C., on or before April 19, 2021. The parties are permitted to file responsive briefs on or before May 5, 2021. 

NLRB Invites Briefs Regarding Employers’ Uniform Policies

Washington, D.C., February 12, 2021 — The National Labor Relations Board invited parties and amici to submit briefs in Tesla, Inc., 370 NLRB No.88 (2021). A majority of the Board asked for briefing on the following questions:

1. Does Stabilus specify the correct standard to apply when an employer maintains and consistently enforces a nondiscriminatory uniform policy that implicitly allows employees to wear union insignia (buttons, pins, stickers, etc.) on their uniforms?
2. If Stabilus does not specify the correct standard to apply in those circumstances, what standard should the Board apply?

Members Kaplan, Emanuel, and Ring joined in issuing the notice and invitation; Chairman McFerran dissented.

Briefs not exceeding 25 pages in length shall be filed with the Board in Washington, D.C., on or before March 15, 2021. The parties may file responsive briefs on or before March 30, 2021, which shall not exceed 15 pages in length. No other responsive briefs will be accepted. The parties and amici shall file briefs electronically by going to www.nlrb.gov and clicking on “eFiling.” If assistance is needed in E-filing on the Agency’s website, please contact the Office of Executive Secretary at 202-273-1940.

Click here to read the notice and invitation to file briefs.

***Update 3/5/21*** 

The National Labor Relations Board has extended the time for submitting briefs in response to the notice and invitation to file briefs in this matter. Under the extension, parties and interested amici may file briefs, not to exceed 25 pages in length, with the Board in Washington, D.C., on or before March 22, 2021.  The parties are permitted to file responsive briefs, not to exceed 15 pages in length, on or before April 6, 2021. 

NLRB Invites Briefs on Bannering and Displays of “Scabby the Rat”

Washington, D.C., October 27, 2020 — The National Labor Relations Board invited parties and amici to submit briefs in International Union of Operating Engineers, Local Union No. 150 (Lippert Components, Inc.), 370 NLRB No. 40. In the underlying case, the Administrative Law Judge found that the union’s stationary display of a 12-foot inflatable rat and two large banners on public property did not constitute picketing or otherwise coercive nonpicketing conduct in violation of Section 8(b)(4) of the National Labor Relations Act. In the notice and invitation to file briefs, the Board seeks public input on the following questions:

1. Should the Board adhere to, modify, or overrule Carpenters Local 1506 (Eliason & Knuth of Arizona), 355 NLRB 797 (2010), and Sheet Metal Workers Local 15 (Brandon Regional Medical Center), 356 NLRB 1290 (2011)?
2. If you believe the Board should alter its standard for determining what conduct constitutes proscribed picketing under Section 8(b)(4), what should the standard be?
3. If you believe the Board should alter its standard for determining what nonpicketing conduct is otherwise unlawfully coercive under Section 8(b)(4), what should the standard be?
4. Why would finding that the conduct at issue in this case violated the National Labor Relations Act under any proposed standard not result in a violation of the Respondent’s rights under the First Amendment?

Chairman Ring and Members Kaplan and Emanuel joined in issuing the notice and invitation; Member McFerran dissented.

Briefs by the parties and amici not exceeding 25 pages in length shall be filed with the Board in Washington, D.C., on or before November 27, 2020, and December 28, 2020, respectively. The parties may file responsive briefs on or before January 11, 2021, which may not exceed 15 pages in length. The parties and amici shall file briefs electronically by going to www.nlrb.gov and clicking on “E-Filing.” If assistance is needed in E-Filing on the Agency’s website, please contact the Office of the Executive Secretary at 202-273-1940.

Click here to read the notice and invitation to file briefs.

NLRB Invites Briefs on Contract Bar Doctrine 

Washington, D.C., July 7, 2020 — The National Labor Relations Board invited parties and amici to submit briefs in Mountaire Farms Inc., 05-RD-256888. In the notice and invitation to file briefs, the Board seeks public input on whether the Board should rescind the contract bar doctrine, retain it as it currently exists, or retain the doctrine with modifications.

With respect to possible modifications to the contract bar doctrine, parties and amici are invited to specifically address the following: the formal requirements for according bar quality to a contract, the circumstances in which an allegedly unlawful contract clause will prevent a contract from barring an election, the duration of the bar period during which no question of representation can be raised (including the operation of the current “window” and “insulated” periods), and how changed circumstances during the term of a contract (including changes in the employer’s operation, organizational changes within the labor organization, and conduct by and between the parties) may affect its bar quality.

Briefs by the parties not exceeding 50 pages in length and conforming to the requirements of Board Rule 102.67(i) and briefs by amici not exceeding 30 pages shall be filed with the Board in Washington, D.C., on or before August 6, 2020 and September 8, 2020, respectively.

The parties may file responsive briefs on or before September 22, 2020, which may not exceed 25 pages in length. The parties and amici shall file briefs electronically by going to www.nlrb.gov and clicking on “eFiling.” If assistance is needed in E-Filing on the Agency’s website, please contact the Office of the Executive Secretary at 202-273-1940.

Click here to read the notice and invitation to file briefs.

***Update 7/23/2020***

The National Labor Relations Board has extended the time for submitting briefs in response to the notice and invitation to file briefs in this matter. Briefs by the parties not exceeding 50 pages in length, and briefs by amici not exceeding 30 pages in length, must be filed with the Board in Washington, D.C., on or before August 21, 2020 and September 23, 2020, respectively. Parties may file responsive briefs, not to exceed 25 pages in length, on or before October 7, 2020.

***Update 9/16/2020*** 

The National Labor Relations Board has extended the time for interested amici to file briefs in response to the notice and invitation to file briefs in this matter. Under the extension, amicus briefs are due to be filed with the Board no later than October 7, 2020, and responsive briefs by the parties are due to be filed no later than October 21, 2020.  Briefs submitted by the parties in response to the notice and invitation to file briefs were due no later than August 21, 2020, and this due date has not changed. 

Board Invites Briefs Regarding NLRA Protection for Profane or Offensive Statements

Washington, D.C., September 5, 2019 — The National Labor Relations Board requests briefing on whether the Board should reconsider its standards for profane outbursts and offensive statements of a racial or sexual nature. The Board seeks public input on whether to adhere to, modify, or overrule the standard applied in previous cases in which extremely profane or racially offensive language was judged not to lose the protection of the National Labor Relations Act (NLRA). Specifically, the notice seeks comments relating to the following cases: Plaza Auto Center, 360 NLRB 972 (2014), Pier Sixty, LLC, 362 NLRB 505 (2015), and Cooper Tire, 363 NLRB No. 194 (2016). 

About the invitation for briefing, Chairman John F. Ring stated: “The Board’s request for briefing on this important topic reflects its long-standing practice of seeking input from interested parties when the Board believes it can benefit from such briefing. We look forward to considering the views of all interested parties.” 

Chairman John F. Ring was joined by Members Marvin E. Kaplan and William J. Emanuel in inviting the filing of briefs. Member Lauren McFerran dissented.

Amicus briefs not to exceed 25 pages in length shall be filed with the Board in Washington, D.C., on or before November 4, 2019. The parties are permitted to file responsive briefs not to exceed 15 pages in length on or before November 19, 2019.

The case is General Motors LLC, 14-CA-197985 and 14-CA-208242. Click here to read the notice and invitation to file briefs.

***Update 11/1/2019*** 

The National Labor Relations Board has extended the time for submitting briefs in response to the notice and invitation to file briefs in this matter. Amicus briefs not to exceed 25 pages in length must be filed with the Board in Washington, D.C., on or before November 12, 2019. The parties are permitted to file responsive briefs not to exceed 15 pages in length on or before November 27, 2019.
 

Board Invites Briefs in KIPP Academy Charter School

Washington, D.C., February 4, 2019 — The National Labor Relations Board issued an Order in KIPP Academy Charter School, 02-RD-191760, granting review in part and inviting the filing of briefs regarding whether the Board should exercise its discretion to decline jurisdiction over charter schools as a class under Section 14(c)(1) of the National Labor Relations Act (NLRA) and, therefore, modify or overrule the 2016 Hyde Leadership Charter School—Brooklyn, and Pennsylvania Virtual Charter School decisions. NLRA Section 14(c)(1) provides that the Board may decline to assert jurisdiction over labor disputes involving any class or category of employers where the effect of the dispute on commerce is not sufficiently substantial to warrant the exercise of its jurisdiction. Briefs by the parties not exceeding 50 pages in length and conforming to the requirements of Board Rule 102.67(i) and briefs by amici not exceeding 20 pages shall be filed with the Board in Washington, D.C., on or before February 19 and March 6, 2019, respectively.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

***Update 3/1/2019***

To aid in the consideration of the issues raised in the above-named case, the Board has now extended the time for filing amicus and responsive briefs in this matter. Parties now have until March 6, 2019 to file briefs on review and interested amici now have until March 20, 2019 to file amicus briefs.

Board Invites Briefs in Loshaw Thermal Technology

Washington, D.C., September 11, 2018 — In a notice issued today in Loshaw Thermal Technology, LLC, 05-CA-158650, the National Labor Relations Board invites the filing of briefs regarding whether it should revisit the holding of Staunton Fuel & Material, 335 NLRB 717 (2001). Under the National Labor Relations Act, most bargaining relationships are governed by Section 9(a) of the Act, which requires the union to have the support of a majority of employees in the bargaining unit. In the construction industry, however, bargaining relationships are presumed to be governed by Section 8(f), which does not have the same majority requirement. Under Staunton Fuel, this 8(f) presumption can be overcome, and a Section 9(a) relationship established, by contract language alone—specifically, where language in the parties’ collective-bargaining agreement unequivocally indicates that the union requested and was granted recognition as the majority or 9(a) representative of the unit employees, based on the union having shown, or having offered to show, evidence of its majority support. The Board invites briefs on whether it should adhere to, modify, or overrule Staunton Fuel.

In addition, the Board is inviting briefing on Casale Industries, 311 NLRB 951 (1993), which governs the limitation period for challenging the extension of Section 9(a) recognition by a construction industry employer. Under Casale Industries and its progeny, a union’s 9(a) status cannot be challenged more than six months after the employer recognized the union as the unit employees’ 9(a) representative. This limitation period applies both where 9(a) recognition is alleged as an unfair labor practice and where the invalidity of the recognition is advanced as a defense against a refusal-to-bargain charge.

Briefs from parties and interested amici must be submitted on or before Friday, October 26, 2018.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

***Update 8/15/2018***

On October 5, 2018, the Charging Party Union filed with the Board a request to withdraw the underlying charge in this matter. In view of the Charging Party Union’s request to withdraw the charge, the Notice and Invitation to File Briefs in this case is suspended, pending the Board’s action on the withdrawal request. Accordingly, no additional briefs should be filed in this case until further notice.

***Update 12/14/2018***

The Charging Party Union's request to withdraw its charge is granted. Accordingly, the Notice and Invitation to File Briefs issued in this matter on September 11, 2018 is hereby rescinded.

Board Invites Briefs in Caesars Entertainment Corporation d/b/a Rio All-Suites Hotel and Casino

Washington, D.C., August 1, 2018 — The National Labor Relations Board invites the filing of briefs on whether the Board should adhere to, modify, or overrule Purple Communications, Inc., 361 NLRB 1050 (2014). In Purple Communications, the Board held that employees who have been given access to their employer’s email system for work-related purposes have a presumptive right to use that system, on nonworking time, for communications protected by Section 7 of the National Labor Relations Act. In doing so, the majority in Purple Communications overruled Register Guard, 351 NLRB 1110 (2007), which held that while union-related communications cannot be banned because they are union-related, facially neutral policies regarding the permissible uses of employers’ email systems are not rendered unlawful simply because they have the incidental effect of limiting the use of those systems for union–related communications. In addition, while Purple Communications and Register Guard addressed only email systems, the Board is also inviting comment on the standard it should apply to evaluate policies governing the use of employer-owned computer resources other than email.

Briefs from parties and interested amici must be submitted on or before September 5, 2018.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

***Update 8/31/2018***

To aid in the consideration of the issues raised in Caesars Entertainment Corporation d/b/a Rio All-Suites Hotel and Casino, 28-CA-060841, the Board has extended the time for filing briefs. The submission window is currently open, and parties and interested amici now have until Friday, October 5, 2018, to file briefs.

Board Invites Briefs in Velox Express

Washington, D.C., February 15, 2018 — The National Labor Relations Board invites the filing of briefs in order to allow parties and interested amici an opportunity to address the issues raised in Velox Express, Inc. (15-CA-184006). Briefs should address under what circumstances, if any, the Board should deem an employer’s act of misclassifying statutory employees as independent contractors a violation of Section 8(a)(1) of the National Labor Relations Act. Briefs from parties and interested amici must be submitted on or before April 16, 2018.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

***Update 4/12/2018***

To aid in the consideration of the issues raised in Velox Express, Inc. (15-CA-184006), the Board has extended the time for filing amicus briefs. The submission window is currently open and parties and interested amici now have until Monday, April 30, 2018 to file briefs

Board Invites Briefs in Temple University Hospital 

The National Labor Relations Board grants review in part of the Acting Regional Director’s Decision and Direction of Election in Temple University Hospital, Inc. (04-RC-162716). In addition, the Board invites the filing of briefs in order to allow parties and interested amici an opportunity to address whether the Board should exercise its discretion to decline jurisdiction over the employer in this case and whether the Board should extend comity to the unit of the Employer’s professional and technical employees certified by the Pennsylvania Labor Relations Board (PLRB) in 2006.

Briefs from parties and interested amici must be submitted on or before January 12, 2017.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

** UPDATE 1/10/2017 **

To aid in the consideration of the issues raised in this case, the Board is extending the time for filing of briefs from the parties and interested amici to on or before January 26, 2017.  The parties may file responsive briefs on or before February 9, 2017.   This extension applies to all parties and interested amici.

Board Invites Briefs in King Soopers

The National Labor Relations Board invites the filing of briefs in order to allow parties and interested amici an opportunity to address the issues raised in King Soopers, Inc. (27-CA-129598), including whether the Board should revise its treatment of search-for work and interim employment expenses as part of the make-whole remedy for unlawfully discharged employees.  

Briefs from parties and interested amici must be submitted on or before March 18, 2016.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

Board Invites Briefs in United States Postal Service

The National Labor Relations Board invites the filing of briefs in order to allow parties and interested amici an opportunity to address the issues raised in United States Postal Service (07-CA-142926), including whether the Board may continue to permit administrative law judges to issue a “consent order,” incorporating the terms proposed by a respondent to settle an unfair labor practice case, to which no other party has agreed, over the objection of the General Counsel?  

Briefs from parties and interested amici must be submitted on or before March 18, 2016.

Click here to read the notice and invitation to file briefs.

Click here for a list of case participants.

Board Invites Briefs in Columbia University

The National Labor Relations Board invites the filing of briefs in order to allow parties and interested amici an opportunity to address the issues raised in Columbia University (02-RC-143012), including whether the Board should modify or overrule its decision in Brown University (342 NLRB 483), in which it held that graduate assistants who perform services at a university in connection with their studies are not statutory employees under the National Labor Relations Act.

Briefs from parties and interested amici must be submitted on or before February 29, 2016.

Click here to read the notice and invitation to file briefs.

Board Invites Briefs in Miller & Anderson, Inc.

The National Labor Relations Board invites the filing of briefs in order to allow parties and interested  amici an opportunity to address issues raised in Miller & Anderson, Inc. (05-RC-079249), including whether the Board should adhere to its decision in Oakwood Care Center  (343 NLRB 659), which disallowed inclusion of solely employed employees and jointly employed employees in the same unit absent consent of the employers, and if not, whether the Board should return to the holding of M.B. Sturgis, Inc. (331 NLRB 1298), which permits the inclusion of both solely and jointly employed employees in the same unit without the consent of the employers.

Briefs from parties and interested amici must be submitted on or before August 5, 2015.

Click here to read the notice and invitation to file briefs. 

**Update 8/31/2015**

To aid in the consideration of the issues raised in the case, the Board extended the time for filing of briefs from the parties and interested amici, extending to on or before September 18, 2015.

The parties may now file responsive briefs on or before September 30, 2015.

NLRB Invites Briefs on Nonmember Fees for Grievance Processing

The Board invites the filing of briefs in order to allow parties and interested amici the opportunity to address issues raised in United Steel, Paper and Forestry  Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1192 (Buckeye Florida) (12-CB-109654).

Among the issues raised by the Board is whether parties and amici believe the Board should adopt a rule permitting unions to collect fees from nonmembers for grievance processing.

Briefs from parties and interested amici must be submitted on or before July 15, 2015. The parties may now file responsive briefs on or before July 29, 2015.

Click here to read the notice and invitation to file briefs.

***UPDATE INVITATION FOR BRIEFS ON NONMEMBER FEES FOR GRIEVANCE PROCESSING SUSPENDED***

The Board has suspended an invitation for briefs due to a motion filed with the Board in United Steel, Paper and Forestry  Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1192 (Buckeye Florida) (12-CB-109654). The General Counsel and the Respondent filed a joint motion withdrawing exceptions to the decision of the administrative law judge.

Northwestern University

The Board invites the filing of briefs in order to afford the parties and interested amici the opportunity to address issues raised in Northwestern (Case 13-RC-121359).

On April 24, 2014, the Board granted Northwestern University’s request for review of the Regional Director’s decision finding the University’s grant-in-aid scholarship football players are employees under the NLRA and directing an election to take place. The election was held on April 25, 2014, but the ballots have not been counted.

To aid in the consideration of the issues raised in the case, the Board extended the time for filing of briefs from the parties and interested amici, extending to on of before July 3, 2014.

Click here to read the notice and invitation to file briefs.
See the case page to view the Extensions of Time.
Filed briefs can be viewed on the case page. 

Browning-Ferris Industries

The Board invites the filing of briefs to afford the parties and interested amici the opportunity to address the Board’s joint employer standard, as raised in Browning-Ferris Industries (Case 32-RC-109684).

Among the issues raised by the Board is whether the parties and amici believe the Board should adhere to its existing joint employer standard or adopt a new standard.

Briefs from the parties and interested amici are due on or before June 26, 2014.

Click here to read the notice and invitation to file briefs.
Filed briefs can be viewed on the case page.

Purple Communications, Inc.

In Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), the administrative law judge, relying on Register Guard, dismissed the allegation that the employer violated Section 8(a)(1) of the National Labor Relations Act by prohibiting use of its electronic equipment and email systems for activity unrelated to the employer’s business purposes.

The General Counsel and the charging party, the Communication Workers of America, AFL-CIO, have asked the Board to overrule Register Guard and adopt a rule that employees who are permitted to use their employer’s email for work purposes have the right to use it for Section 7 activity, subject only to the need to maintain production and discipline.

To aid in the consideration of this issue, the Board invites the filing of briefs from the parties and interested amici on or before June 16, 2014.

Click here to read the notice and invitation to file briefs. 
Filed briefs can be viewed on the case page.

Pacific Lutheran University

The National Labor Relations Board is inviting briefs from interested parties on two questions: whether a religiously-affiliated university is subject to the Board’s jurisdiction, and whether certain university faculty members seeking to be represented by a union are employees covered by the National Labor Relations Act or excluded managerial employees. The case is Pacific Lutheran University (19-RC-102521). The Union seeks to represent a unit of all non-tenure-eligible contingent faculty members who work a certain number of hours. The University argues that the Board lacks jurisdiction because the University is a religiously-operated institution that is not subject to the Act, and that certain faculty in the petitioned-for unit are managers. In its invitation, the Board listed three questions to be addressed concerning jurisdiction, including what test the Board should apply under NLRB v. Catholic Bishop, 440 U.S. 490 (1979), to determine whether self-identified “religiously affiliated educational institutions” are exempt from the Board’s jurisdiction, and what factors the Board should consider in determining the appropriate standard for evaluating jurisdiction under that case. The Board listed nine questions that the briefs should address concerning the standard for determining managerial status under NLRB v. Yeshiva University, 444 U.S. 672 (1980). The parties and interested amici are invited to file briefs on or before March 28, 2014. Click here to view the Notice and Invitation to File Briefs for more information. In accordance with section 102.114 of the Board's Rules and Regulations, parties and amici must serve briefs on case participants. Click here for a list of case participants.

Babcock & Wilcox

The National Labor Relations Board is inviting briefs on whether the Board should change the existing standard for determining when the Board should defer to an arbitration award, which is set forth in Spielberg Mfg. Co., 112 NLRB 1080 (1955), and Olin Corp., 268 NLRB 573 (1984). The General Counsel asks the Board to adopt a different standard. In its Notice and Invitation to File Briefs, the Board lists four questions that the briefs should address, and invited submissions of empirical and other evidence. The case is Babcock & Wilcox Construction Co., Inc., 28-CA-022625. The parties and interested amici are invited to file briefs on or before March 25, 2014. Click here to view the Notice and Invitation to File Briefs for more information. In accordance with section 102.114 of the Board's Rules and Regulations, parties and amici must serve briefs on case participants. Click here for a list of case participants.

Latino Express

The National Labor Relations Board seeks briefs on the question of whether, in awarding back pay, it should routinely require the respondent to: 1) submit documentation to the Social Security Administration so that backpay is allocated to the appropriate calendar quarters, and 2) pay for any excess federal and state income taxes owed as a result of receiving a lump-sum payment. The invitation to file briefs is contained in a Board decision issued on July 31, 2012. The period for filing briefs in this case closed on October 1. All briefs filed can be accessed on this case page.

New York University

The National Labor Relations Board seeks briefs on the question of whether graduate student assistants who perform services at a university in connection with their studies are or are not statutory employees within the meaning of Section 2(3) of the National Labor Relations Act. The cases are New York University (02-RC-023481) and Polytechnic Institute of New York University (29-RC-012054). In its Notice and Invitation to File Briefs, the Board listed four questions that the briefs should address. The period for filing briefs in this case closed on July 23, 2012. All briefs filed can be accessed on this case page.

Point Park University

The National Labor Relations Board seeks briefs on the question of whether university faculty members seeking to be represented by a union are employees covered by the National Labor Relations Act or excluded managers. The case is Point Park University (06-RC-012276). In its Notice and Invitation to File Briefs, the Board listed eight questions that the briefs should address. and invited submissions of empirical and practical evidence. The period for filing briefs in this case closed on July 6, 2012. All briefs filed can be accessed on this case page.

D.R. Horton, Inc.

The Board seeks briefs on the following issue: did the respondent violate Section 8(a)(1) of the Act by maintaining and enforcing its Mutual Arbitration Agreement, under which employees are required, as a condition of employment, to agree to submit all employment disputes to individual arbitration, waiving all rights to a judicial forum, where the arbitration agreement further provides that arbitrators will have no authority to consolidate claims or to fashion a proceeding as a class or collective action?

Case information and documents are available here (12-CA-025764)

The Board granted an extension of time to file briefs. Accordingly, briefs shall be filed with the Board in Washington, D.C. on or before July 27, 2011.  The Board has extended the deadline to file briefs. The parties may now file responsive briefs on or before August 24, 2011.  Click here to view the Notice and Invitation to File Briefs for more information.

Stephens Media, LLC d/b/a Hawaii Tribune-Herald

Click here to view this invitation for briefs.  In its invitation to file briefs, the Board stated that the case presented the question of whether the Respondent had a duty to provide the Union with a statement provided to it by an employee or any other statements that it obtained in the course of its investigation of another employee’s alleged misconduct.  The Board explained that: 

Board precedent establishes that the duty to furnish information “does not encompass the duty to furnish witness statements themselves.”  Fleming Cos., 332 NLRB 1086, 1087 (2000), quoting Anheuser-Busch, Inc., 237 NLRB 982 (1978).  Compare Northern Indiana Public Service Co., 347 NLRB 210 (2006) (employer notes of investigatory interviews of employees held confidential).  This case illustrates, however, that Board precedent does not clearly define the scope of the category of “witness statements.”  This case also illustrates that the Board’s existing jurisprudence may require the parties as well as judges and the Board to perform two levels of analysis to determine whether there is a duty to provide a statement: first asking if the statement is a witness statement under Fleming and Anheuser-Busch and then, if the statement is not so classified, asking if it is nevertheless attorney work product.  We have therefore decided to sever this allegation from the case and to solicit briefs on the issues it raises.  

Accordingly, the parties and interested amici are invited to file briefs with the Board in Washington, D.C. on or before April 1, 2011 addressing the aforementioned issues.  The parties may file responsive briefs on or before April 15, 2011. Note: This revised description clarifies the issues on which the Board is seeking briefs (revised 3/23/11). The deadline to file briefs has passed.

Click here to view filed briefs.

Chicago Mathematics & Science Academy Charter School, Inc.
Seeks briefs on the question of whether an Illinois charter school should fall under the jurisdiction of the NLRB or the Illinois Educational Labor Relations Board. In this case, the Chicago Alliance of Charter Teachers and Staff sought a representation election for the school’s teachers, social workers and counselors through the state board, while the School maintains the NLRB should conduct the election. Government entities or wholly-owned government corporations are exempt from NLRB coverage. The parties and interested amici are invited to file briefs with the Board in Washington, D.C. on or before March 11, 2011 addressing the issue. The parties may file responsive briefs on or before March 25, 2011. The deadline to file briefs has passed.

Specialty Healthcare
Seeks briefs on the question of what constitutes an appropriate bargaining unit in long-term care facilities. The United Steelworkers petitioned for an election of certified nursing assistants at a nursing home, while the employer argued the appropriate unit should include all non-professional employees, not just the CNAs. The Board agreed to take the case in order to revisit its 1991 decision in Park Manor Care Center, 305 NLRB 872 on what constitutes an appropriate unit in long-term care facilities. The invitation poses eight questions, including what the interested parties' experience has been under the Park Manor decision and whether its application has hindered or encouraged employee choice and collective bargaining.

The Board granted an extension of time to file briefs. Accordingly, briefs shall be filed with the Board in Washington, D.C. on or before March 8, 2011.  The parties may file responsive briefs on or before March 22, 2011. Click here to view data sets related to this case requested through FOIA.

The deadline for additional briefs has been extended to March 22, but only in the case of those who filed previous briefs and only to address information contained in newly-released data sets regarding elections. Click here to view the extension of time. The deadline to file briefs has passed.

Click here to view filed briefs.

Roundy's Inc.
Click here to view briefs filed in this case:
In cases alleging unlawful employer discrimination in nonemployee access, should the Board continue to apply the standard articulated in Sandusky Mall Co. (329 NLRB 618, 623), and if not, what standard should the Board adopt to define discrimination in this context? Also, what bearing, if any, does Register Guard (351 NLRB 1110) have on the Board's standard for finding unlawful discrimination in nonemployee access cases? An extension of time to file briefs was granted, and the deadline to file was January 7, 2011. The deadline to file briefs has passed.

Lamons Gasket Co.

Seeks review of the Board's 2007 decision in Dana Corp. (351 NLRB 434), which found that employees and other unions should have a 45-day period in which to file for an election following an employer's voluntary recognition of a union. Briefs must be received by November 1, 2010, and all parties should be served with the brief. The deadline to file briefs has passed.

Note: On September 17, the employer in Rite Aid Store #6473, which is cited as the lead case in the Notice and Invitation to File Briefs, withdrew its request for review. Therefore, briefs should not be filed under RiteAid, but instead under Lamons Gasket Co. This change does not affect the scope of the review.

UGL-Unicco Service Co and Grocery Haulers, Inc.

Seeks review of the Board's 2002 decision in MV Transportation(337 NLRB 770), on the duties of a successor employer toward an incumbent union. The deadline to file briefs has passed.

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