National Labor Relations Board 2018 – Federal Register Recent Federal Regulation Documents

The following agenda of the National Labor Relations Board is published in accordance with Executive Order 12866, ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement Fairness Act. The complete Unified Agenda is available online at www.reginfo.gov. Publication in the Federal Register is mandated only for regulatory flexibility agendas required under the RFA. Because the RFA does not require regulatory flexibility agendas for the regulations proposed and issued by the Board, the Board's agenda appears only on the internet at www.reginfo.gov. The Board's agenda refers to www.regulations.gov, the Government website at which members of the public can find, review, and comment on Federal rulemakings that are published in the Federal Register and open for comment.

In order to more effectively enforce the National Labor Relations Act (the Act or the NLRA) and to further the purposes of the Act, the National Labor Relations Board (the Board) proposes a regulation establishing the standard for determining whether two employers, as defined in Section 2(2) of the Act, are a joint employer of a group of employees under the NLRA. The Board believes that this rulemaking will foster predictability and consistency regarding determinations of joint-employer status in a variety of business relationships, thereby promoting labor-management stability, one of the principal purposes of the Act. Under the proposed regulation, an employer may be considered a joint employer of a separate employer's employees only if the two employers share or codetermine the employees' essential terms and conditions of employment, such as hiring, firing, discipline, supervision, and direction. More specifically, to be deemed a joint employer under the proposed regulation, an employer must possess and actually exercise substantial direct and immediate control over the essential terms and conditions of employment of another employer's employees in a manner that is not limited and routine.

The National Labor Relations Board (the Board) published a Request for Information in the Federal Register of December 14, 2017, seeking information from the public regarding the representation election regulations (the Election Regulations), with a specific focus on amendments to the Board's representation case procedures adopted by the Board's final rule published on December 15, 2014 (the Election Rule or Rule). On January 29, 2018, the Board extended the response deadline to March 19, 2018. The Board has decided to grant an additional 30 days to file responses to the request for information.

The National Labor Relations Board (the Board) published a Request for Information in the Federal Register on December 14, 2017, seeking information from the public regarding its representation election regulations, with a specific focus on amendments to the Board's representation case procedures adopted by the Board's final rule published on December 15, 2014. The date to submit responses to the request for information is extended for three days as a result of the lapse in appropriations for the Federal government. The Board is also granting an additional 30 days to file responses to the request for information.