NLRB Region 32 Oakland

01/04/2022

NLRB Rejects Challenge to Former General Counsel Robb’s Removal

In a Region 32 case, Aakash, Inc., d/b/a Park Central Care & Rehabilitation Center, 371 NLRB No. 46, the National Labor Relations Board rejected the employer’s contentions that the complaint issued by General Counsel Jennifer Abruzzo was invalid because former General Counsel Peter Robb’s removal from office was unlawful. Read more here,

In a decision today in Aakash, Inc., d/b/a Park Central Care & Rehabilitation Center, 371 NLRB No. 46, the National Labor Relations Board rejected the employer’s contentions that the complaint issued by General Counsel Jennifer Abruzzo was invalid because former General Counsel Peter Robb’s remo...

12/15/2021

Student Volunteer - Summer 2022 (Office of General Counsel - Field Offices)

The NLRB is recruiting to fill the position of Student Volunteer for Summer 2022 within the Office of the General Counsel Field Offices through the US. Here at the Oakland office (Region 32) we are seeking law students. Application deadline is 3/3/2022. Please click on the link below for more detailed information on criteria and application process.

These positions are part of the National Labor Relations Board (NLRB) Student Volunteer Program under The General Counsel - Field Offices' Program areas. The purpose of these positions is to provide students the opportunity to learn about the NLRB, gain valuable on the job work expe...

12/14/2021

Grocery Delivery E-Services USA, Inc. d/b/a HelloFresh | National Labor Relations Board

On Wednesday, we will count the ballots cast by HelloFresh workers at the Richmond, CA facility. The question on the ballot is: "Do you wish to be represented for purposes of collective bargaining by
UNITE HERE LOCAL 2850?"

Grocery Delivery E-Services USA, Inc. d/b/a HelloFresh   Follow Sign into MyNLRB to follow cases and receive updates. What is this? Case Number:   32-RC-283407 Date Filed:   09/23/2021 Status:  Open Location:  Richmond, CA Region Assigned:  Region 32, Oakland, California Docket Activity Items ...

12/14/2021

Video Conferencing, Cloud Phone, Webinars, Chat, Virtual Events | Zoom

To access a recorded webinar about an employee's right to engage in protected concerted activities regardless of immigration status, please click below:

Zoom's secure, reliable video platform powers all of your communication needs, including meetings, chat, phone, webinars, and online events.

12/13/2021

Region 32 thanks Zachary Manuel for partnering with us to provide information about the rights we protect to workers, community based organizations, and other non-profit organizations. Zach is a Morehouse graduate and a current Coro fellow in Public Affairs. He is currently interested in public policy and its ability to create bridges between communities to create equitable change. We wish him success in all his future endeavors! https://coronorcal.org/network/fppa-2022/

12/08/2021

Region 20-San Francisco Issues Consolidated Complaint Against Whole Foods for Unlawfully Disciplining Workers in Response to Wearing Black Lives Matter Apparel

On 12/2/2021, an NLRB complaint issued alleging that Whole Foods Market illegally disciplined and fired its employees for wearing BLM (Black Lives Matter) facemasks and other apparel at work, which included Cases 32-CA-263226 and 32-CA-266442 involving the Berkeley Whole Foods Market. For more details, see this press release

San Francisco—On December 3rd, Region 20-San Francisco Regional Director Jill Coffman issued a consolidated complaint against Whole Foods Market, Inc. The consolidated complaint covers violations arising in 10 different states (Massachusetts, New Hampshire, Pennsylvania, New Jersey, Virginia, Mary...

12/02/2021

Region 32 is hosting a Webinar event on 12/7/2021 at 11am to explain the role the NLRB plays in protecting concerted activities and collective bargaining. This will be a space to learn more about the work of the NLRB and to ask any questions you may have about our process and the rights we protect. If you are interested in participating in the Webinar and would like the Zoom link, or have questions you would like to address prior to the event, please contact [email protected].

11/18/2021

The National Labor Relations Board, US Department of Labor, US Equal Employment Opportunity Commission Align to End Retaliation, Promote Workers’ Rights | National Labor Relations Board

The National Labor Relations Board, U.S. Department of Labor, and U.S. Equal Employment Opportunity Commission today announced a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights.

The initiative was launched today with a virtual dialogue with the employer community focused on the importance of workers’ anti-retaliation protections for those exercising their rights, and the agencies’ shared commitment to vigorous enforcement.

WASHINGTON – The National Labor Relations Board, U.S. Department of Labor, and U.S. Equal Employment Opportunity Commission today announced a joint initiative to raise awareness about retaliation issues when workers exercise their protected labor rights. The initiative will include collaboration a...

11/17/2021

NLRB General Counsel’s Office Issues Memorandum on COVID-19 Emergency Temporary Standard Bargaining Obligations | National Labor Relations Board

On November 5, 2021, the U.S. Department of Labor issued an Emergency Temporary Standard to Protect Workers from Coronavirus (ETS). “The ETS clearly affects terms and conditions of employment—including the potential to affect the continued employment of workers who become subject to it—and gives covered employers discretion in implementing certain of its requirements. In those circumstances, a decisional bargaining obligation is required. The employer also has an obligation to bargain over the effects of this policy,” said General Counsel Jennifer Abruzzo. “While our country recovers from COVID-19, workers should know they have the right to a safe workplace and to have their voices heard.”

In a memo issued on November 10th, Acting Associate General Counsel for the National Labor Relations Board Joan Sullivan, provided information to all field offices on the recent Department of Labor Emergency Temporary Standard to Protect Workers from Coronavirus (ETS).

11/05/2021

NLRB Solicits Stakeholders’ Opinions on Retaining Virtual Hearings as a Post-Pandemic Option | National Labor Relations Board

NLRB Solicits Stakeholders’ Opinions on Retaining Virtual Hearings as a Post-Pandemic Option. If you've been involved in an NLRB remote hearing and have an opinion about it, your comments are due by January 4, 2022.

The Board solicits responses to targeted questions addressing, among other things, stakeholders’ experiences with remote hearings during the pandemic; the benefits and/or drawbacks of using videoconference technology to conduct remote hearings; and the need for potential amendments to the Board’s rules to incorporate the use of videoconference technology to conduct remote hearings.

WASHINGTON, DC – The National Labor Relations Board (NLRB) has published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register seeking public input on the continued use of videoconference technology post-pandemic as an option to conduct, in whole or in part, all aspects and phas...

10/29/2021

General Attorney (Labor) (Honors Attorney)

We're Hiring! Our Honors Attorney Program seeks to hire 3Ls, recent law grads who aren't yet licensed and those who are. Please join our amazing team by applying through USAjobs.gov. There are three separate job postings so please look through them carefully. Closing date is 11/12/2021.
https://www.usajobs.gov/GetJob/ViewDetails/619316400# (3Ls)
https://www.usajobs.gov/GetJob/ViewDetails/619316900# (recent law grad without a license)
https://www.usajobs.gov/GetJob/ViewDetails/619317300# (recent law grad with license)

This position is established as part of the National Labor Relations Board Honors program. The Honors program supports positions working in three different program areas. Program areas covered are: Board, General Counsel- Headquarters, and General Counsel-Field. This position resides in a F...

10/22/2021

Oakrheem, Inc. dba Hayward Convalescent Hospital | National Labor Relations Board

Healthcare workers at Hayward Convalescent Hospital overwhelmingly voted in favor of having SEIU Local 2015 union represent them on June 17, 2021. The Employer objected to the election result. After analyzing the Employer’s objections, the Regional Director rejected them and certified the election results on July 29, 2021. The Board decided today that it will not overturn the election results.

Los trabajadores de la salud en Hayward Convalescent Hospital votaron abrumadoramente a favor de que el sindicato SEIU Local 2015 los representara el 17 de junio de 2021. El empleador se opuso al resultado de la elección. Después de analizar las objeciones del Empleador, el Director Regional las rechazó y certificó los resultados de las elecciones el 29 de julio de 2021. La Junta decidió hoy que no anulará los resultados de las elecciones.

Oakrheem, Inc. dba Hayward Convalescent Hospital   Follow Sign into MyNLRB to follow cases and receive updates. What is this? Case Number:   32-RC-277078 Date Filed:   05/13/2021 Status:  Open Location:  Hayward, CA Region Assigned:  Region 32, Oakland, California Docket Activity Items per pag...

10/16/2021

FALCK NORTHERN CALIFORNIA CORP. | National Labor Relations Board

Our decision that a bargaining unit of Operation Captains who work in various Bay Area facilities employed by Falck Northern California is appropriate has been upheld by the Board. Now these workers' impounded ballots to decide whether or not to be represented by a union can finally be counted!

FALCK NORTHERN CALIFORNIA CORP.   Follow Sign into MyNLRB to follow cases and receive updates. What is this? Case Number:   32-RC-275992 Date Filed:   04/22/2021 Status:  Open Location:  Hayward, CA Region Assigned:  Region 32, Oakland, California Docket Activity Items per page Date Document I...

10/02/2021

TESLA, INC. | National Labor Relations Board

Tesla and CEO Elon Musk violated federal labor law by firing a worker at the Fremont plant and threatening via Twitter to cut pro-union workers' benefits, the National Labor Relations Board said, urging the Fifth Circuit to uphold its ruling.

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

10/01/2021

Sysco Central California, Inc. | National Labor Relations Board

The Board upholds Region 32's decision to direct a mail ballot election, and the results of the election in which a majority of unit employees at Sysco Central California voted in the Union. In doing so, the Board noted: "As of September 17, 2021, the 7-day testing positivity rate for this county is well over the five percent threshold level established in Aspirus factor 2 as justifying the direction of a mail-ballot election."

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

09/30/2021

www.nlrb.gov

A California Toyota dealership violated federal labor law by refusing to rehire workers who went on strike during a union campaign, a National Labor Relations Board judge has ruled, while also rejecting the company's challenges to a union election. The judge recommended an order to reinstate as many as 14 workers Tracy Toyota did not bring back after a strike. For the decision, click below and search for Case 32-CA-260614.

09/29/2021

NLRB General Counsel Jennifer Abruzzo Issues Memo on Employee Status of Players at Academic Institutions | National Labor Relations Board

GC Abruzzo provided updated guidance today regarding her position that certain Players at Academic Institutions (sometimes referred to as student-athletes), are employees under the National Labor Relations Act, and, as such, are afforded all statutory protections. The memo further advises that, where appropriate, she will allege that misclassifying such employees as mere “student-athletes” and leading them to believe that they are not entitled to the Act’s protection has a chilling effect on Section 7 activity and is an independent violation of Section 8(a)(1) of the Act.

Today, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum to all Field offices providing updated guidance regarding her position that certain Players at Academic Institutions (sometimes referred to as student athletes), are employees under the National Labor Relation...

09/29/2021

On September 28, 2021, the Bay Area regional offices of the NLRB and the Bay Area offices of the Consuls General of Mexico, signed a Letter of Arrangement, reaffirming their partnership to ensure that immigrant workers understand their labor rights.

El 28 de septiembre de 2021, las oficinas regionales del Área de la Bahía de la NLRB y las oficinas del Área de la Bahía de los Cónsules Generales de México, firmaron una Carta de Acuerdo, reafirmando su asociación para garantizar que los trabajadores inmigrantes entiendan sus derechos laborales.

09/17/2021

ADV.14-CA-262563.Anderson Window.PCA discharge.Group Chat.pdf

A company violated federal labor law by removing its worker from a group chat after she raised COVID-19 safety concerns, and by forcing the worker to quit by making her choose between continued employment and her right to raise health and safety concerns that affect her and her coworkers, said the NLRB's Division of Advice, and authorized that a complaint issue absent settlement. The case is Birner Kansas/Renewal by Andersen, N.L.R.B. Gen. Coun. Advice Memo., Case 14-CA-262563, Advice memo 9/15/21.
https://drive.google.com/file/d/1mbp8j0WEj4sYlib_mg2be36xvd7Hm9ex/view?usp=sharing

09/16/2021

NLRB General Counsel Jennifer Abruzzo Issues Memo on Seeking Full Relief Through Settlement Agreements | National Labor Relations Board

“Because Regions are less constrained by the remedies that they may seek in settlement, as opposed to those they may currently seek from the Board, Regions should skillfully craft settlement agreements that ensure the most full and effective relief is provided to those whose rights have been violated,” said General Counsel Abruzzo in the memo linked below.

Today, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum to all Field offices to seek settlement agreements that provide complete relief to charging parties and victims of unfair labor practices.

09/09/2021

NLRB General Counsel Jennifer Abruzzo Issues Memo on Seeking all Available Remedies to Fully Address Unlawful Conduct | National Labor Relations Board

“It is so important that we utilize every possible tool we have to ensure that those wronged by unlawful conduct obtain true justice. To do this, we need to examine all of the ways that workers have been hurt by unfair labor practices and seek remedies that will fully address them.”

Today, National Labor Relations Board General Counsel Jennifer Abruzzo issued a memorandum to all Regions advising them to seek a variety of remedies to ensure that victims of unlawful conduct under the National Labor Relations Act are made whole for losses they have suffered.

09/08/2021

The National Labor Relations Board Welcomes New Board Member David M. Prouty | National Labor Relations Board

We welcome David Prouty to the NLRB!
“I’m honored to begin my term as an NLRB Board member,” said Member Prouty. “Throughout my career, I’ve advocated for a variety of workers—from clothing and textile workers, to baseball players, to property service workers—who have joined together to improve their workplaces. I am a firm believer in the rights the NLRA affords workers, and as a member I will diligently uphold the Act.”

The National Labor Relations Board welcomes David M. Prouty as a new Board member. Mr. Prouty was sworn in on Saturday, August 28, 2021, by Chairman Lauren McFerran.

09/08/2021

The National Labor Relations Board Welcomes New Board Member Gwynne Wilcox | National Labor Relations Board

We celebrate the NLRB's DEI milestone with the confirmation of Board Member Gwynne Wilcox on August 4, 2021. “I am honored to be the first Black woman to serve as a Board Member during this critical moment in our country’s history and hope that my appointment will be an inspiration to others. It is essential that the NLRB and other governmental agencies be representative of our country’s diverse workforce,” said NLRB Board Member Gwynne Wilcox. “As I return to the National Labor Relations Board, I am both excited and proud to work alongside dedicated colleagues at an agency that has the power to impact workplaces and the lives of workers, unions and employers through enforcing the National Labor Relations Act.”

The National Labor Relations Board welcomes Gwynne Wilcox as a new Board member. Ms. Wilcox was sworn in today by Chairman Lauren McFerran.

09/07/2021

NLRB on Twitter

We had a national holiday yesterday to honor workers and the labor movement. The staff of the NLRB's Oakland office are committed, every day, to ensuring that workers rights' rights are respected and protected.

“Today, we honor workers and the labor movement. We remember past struggles, and recognize the continued challenges that working people face. On , and every day, the NLRB is committed to ensuring that workers’ rights are respected and protected. Happy Labor Day to all!”

09/01/2021

www.nlrb.gov

NLRB signals it is open to ordering "consequential damages" to the list of remedies. Consequential damages would open the door for more substantial awards, in addition to reinstatement to your former job, and backpay for lost wages and benefits. See, fn 14 in Voorhees Care and Rehabilitation Center, 371 NLRB No. 22 (Aug 25, 2021)

08/12/2021

General Counsel Memos | National Labor Relations Board

The National Labor Relations Board’s new top lawyer, General Counsel, Jennifer Abruzzo, issued a memo regarding her priorities during her tenure to enforce the Act more vigorously. “As our country fights a horrific pandemic and returns from an unprecedented economic recession, it is critical that the NLRB vigorously protect the rights of workers to freely associate and act collectively to improve their wages and working conditions,” said General Counsel Jennifer Abruzzo. See GC Memo 21-04 at the following link.

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

05/20/2021

DFWS, INC. D/B/A THE GUILD SAN JOSE | National Labor Relations Board

A San Jose cannabis dispensary ordered to recognize and bargain with the Union. The employees had voted in the Union in 2019. The results of the election were certified in 2020. The 9th Circuit Court of Appeals has now enforced the Board's Nov 20, 2021 bargaining order. See, https://www.nlrb.gov/case/32-CA-261075?fbclid=IwAR3X2Dd6Z_aCTWzXqXCNkVA6VLnU-15WyCkQV9bzRa_AFjus4uttHjBmZEQ

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

05/18/2021

05/18/2021

NLRB General Counsel on Twitter

Oakland is hiring attorneys. Closing date is May 21.

“The NLRB is looking to hire Attorneys. Openings in the following field offices: Baltimore, Detroit, Las Vegas, Little Rock, Oakland, Pittsburgh, Washington DC & Winston-Salem. Learn more at: https://t.co/uOdaf5BLc2”

05/17/2021

NLRB General Counsel on Twitter

Regardless of your immigration status you have the same rights under the National Labor Relations Act.

“NLRB Attorney Carmen Leon recently joined a virtual “Cafecito con los Consulados” (Coffee with the Consulates) to explain to Latin American consulates how the NLRB protects the rights of immigrant workers. Learn more: https://t.co/BnKRIbvLBi”

05/14/2021

International Longshore & Warehouse Union (Pacific Crane Maintenance Company, Inc.) | National Labor Relations Board

Since 2005, Region 32 has been tirelessly investigating and litigating a case involving ILWU unlawfully accepting recognition of a bargaining unit that was historically represented by the Machinists. The disbursement of dues reimbursements has now begun. For more details, please visit https://www.nlrb.gov/case/32-CB-005932

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

05/14/2021

05/13/2021

Register for a free conference on May 27. See, https://content.govdelivery.com/accounts/USEEOC/bulletins/2d8d6a3

05/13/2021

Thank you, Rebecca Stephens and BASF for inviting Region 32 to speak about employees' Section 7 right to engage in collective action for the purpose of mutual aid and protection, which includes engaging in certain political speech or activities that has nexus to workplace issues under the Supreme Court's test in Eastex, 437 US 556 (1978).

03/26/2021

Tesla Board Decision - 2021-03-26T085358.562.pdf

Click below to read the full Tesla decision. See also, https://www.nlrb.gov/case/32-CA-197020

03/26/2021

Tesla engaged in unfair labor practices, must reinstate fired worker and scrub Elon Musk tweet, NLRB says

Tesla ordered to reinstate unlawfully fired worker and Musk ordered to scrub unlawful Tweet. Tesla's media policy found unlawful because it would interfere with employees rights to speak to media about their workplace issues. This case began with charges filed with Region 32. If you have a workplace issue, reach out to us. An NLRB charge must be filed within 6 months of the alleged violation for us to act on it.

The board held that an administrative law judge was correct in finding Tesla engaged in unfair labor practices.

03/16/2021

MIKE JACKSON FARMS, INC. | National Labor Relations Board

California grower settles Complaint alleging it had laid off worker who had complained about wages with his coworkers. See, Case 32-CA-267600

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

03/15/2021

COURAGE TO CHANGE, INC. | National Labor Relations Board

Central Valley youth rehabilitation center settles Complaint alleging it threatened its workers and unlawfully changed their status, job duties and positions without first bargaining with the newly elected union. See, Case 32-CA-266072

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

03/12/2021

KATERRA, INC. | National Labor Relations Board

California tech driven construction company, whose workers have been attempting to unionize, settles Complaint alleging it unlawfully fired a worker for engaging in union activities, threatened workers for wearing union shirts, and unlawfully interrogated them about their union activities. See, Case 32-CA-255575 et al

October 30, 2020 – Washington DC – The National Labor Relations Board today announced the Agency Public Website has been enhanced. The newly updated website includes several new features that will improve the user experience and make the website easier to navigate.

03/12/2021

Public Inspection: Jurisdiction--Nonemployee Status of University and College Students Working in Connection with Their Studies

NLRB scraps rule to make student teaching assistants at private colleges ineligible to form unions. “The Board has decided to withdraw this rulemaking proceeding at this time in order to focus its limited resources on competing Agency priorities, including the adjudication of unfair labor practice and representation cases currently in progress,” the NLRB said in a statement Friday. The withdrawal was posted in a Federal Register notice Friday morning.

Jurisdiction--Nonemployee Status of University and College Students Working in Connection with Their Studies