NLRB General Counsel Peter Robb implemented a plan to achieve a 20 percent reduction in the time it typically takes the NLRB to adjudicate workplace disputes by 2022. As part of the plan, Robb directed the NLRB’s regional offices to reduce case processing times by 5 percent in each of the next four years. The NLRB does not plan to hire additional employees in order to aid the regional offices in achieving faster case processing times, as the NLRB currently has an unofficial hiring freeze in place.
NLRB General Counsel Peter Robb submitted comments to the NLRB’s Proposed Joint-Employer Rulemaking that criticized the agency’s recommended joint-employer liability standard, which assigns joint-employer status upon a company only if the company has “direct and immediate” control over the essential terms and conditions of employment of another company’s employees. The Board’s current proposal, which is employer-friendly, would revert the joint-liability test to the pre-Obama policy. In his comments, Robb called for a more demanding and employer-friendly test, that would require a company to control “all listed terms and conditions” of another company’s employees before it can be designated as a joint employer. Robb also urged the NLRB to address industry-specific concerns in its joint-employer standard, such as the reality that franchises and hospitals are required by law to maintain a certain level of uniformity among their locations. The NLRB is accepting comments to its Proposed Joint-Employer Rulemaking until January 14, 2019.