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NLRB Announces New Rulemaking Priorities (US)

As a part of the Unified Agenda of Regulatory and Deregulatory Actions (“Unified Agenda”) issued Wednesday, May 22, 2019, the National Labor Relations Board (“NLRB”) announced its regulatory road map, indicating three areas of the National Labor Relations Act (“NLRA”) under which the agency intends to develop new or modified rules: access to an employer’s private property; standards to determine when students who perform work at a private college or university in connection with their studies are “employees” within Section 2(3) of the NLRA; and representation election regulations, including the Board’s current procedures for blocking an election petition after the filing of an unfair labor practices charge, voluntary recognition, and the formation of Section 9(a) bargaining relationships in the construction industry. Each of these issues has been the subject of abundant litigation before the NLRB in the recent past. On the issu...