- NLRB Implemented Almost All Election Rule Changes
- Trouble in the EEOC
- ETA Released Workplace Resources for Intellectual Disability
- EEOC to Hold Public Meeting on Wellness Programs
- Leen Testifies to be Inspector General, Office of Personnel Management
- New Movement for EEOC Commissioner Seats
- Progress in Getting the NLRB Filled
- Nomination For New Head of ODEP
- NILG Announced Webinar Series
- Finalists Announced in Veteran Employment Challenge
- EEOC Commissioner Charges and Directed Investigations Explained
- May Employment Situation Shows Unemployment Numbers Finally Dropped!
- Final Rule Effective Date Set on Fluctuating Workweek Overtime Computation
The National Labor Relations Board (NLRB) announced the implementation of the majority of the provisions of the Board’s December 2019 Representation Procedures amendments. Most of the changes took effect as scheduled on May 31, 2020. However, a U.S. District Court Order, issued on May 30, 2020, stopped the roll-out of five of the provisions. See our story last week, “Federal Judge Strikes Down NLRB “Anti-Quickie” Union Election Rules.”
The Court’s Order granted summary judgment as to Count One of the complaint, which challenged the following five provisions contained in the December 2019 amendments:
- the reinstitution of pre-election hearings for litigating eligibility issues;
- timing of the date of the election;
- voter list timing;
- election observer eligibility; and
- timing of Regional Director certification of representatives.
The remaining provisions are now in place. These include:
- scheduling the hearing at least 14 days from the issuance of the notice of hearing;
- posting the notice of election within five days instead of two days;
- changes in the timeline for serving the non-petitioning party’s statement of position;
- requiring the petitioner to serve a responsive statement of position;
- the reinstatement of Post-Hearing Briefs;
- reinstating Regional Director discretion on the timing of a notice of election after the direction of an election;
- ballot impoundment procedures when a request for review is pending;
- prohibition on bifurcated requests for review;
- certain changes in formatting for pleadings and other documents; and
- terminology changes and defining days as “business” days.
Per the announcement, “The Board continues to believe that it followed all legal requirements in issuing the December 2019 amendments to its procedural rules. The Board intends to appeal the Court’s order to the court of appeals once the Court issues its memorandum opinion, which it last week promised to issue soon.”
The case is AFL-CIO v. NLRB, D.D.C., No. 1:20-cv-00675, order 5/30/20.
According to a statement Commissioner Charlotte Burrows released to Bloomberg Law, “Late last Friday afternoon, the Chair of the U.S. Equal Employment Opportunity Commission [Janet Dhillon] chose to overhaul the Commission’s conciliation process without so much as a courtesy copy to the Commissioners.” Ms. Burrows goes on to say,
“This change, implemented under the guise of a nationwide pilot program, is beyond the Chair’s administrative authority and an end run around the Commission. The EEOC was established as a bipartisan, deliberative body to work cooperatively to further the national commitment to civil rights. In the midst of the current crises facing Americans, the Commission’s role is as important as ever. The pilot should be rescinded so that the Commission has the opportunity to consider whether changes are needed to the conciliation process.”
The pilot program has not been released publicly. Ms. Burrows is the sole Democrat on the Commission. Dhillon and Commissioner Victoria Lipnic are the two Republicans. The Commission’s two remaining seats remain vacant, although please see the related story below from Wednesday of this week.
The U.S. Department of Labor’s Employment and Training Administration (ETA) released a landing page of resources to help workforce professionals better understand individuals with intellectual disabilities and how to create employment opportunities.
The Arc reports that between one and three percent of Americans have intellectual disabilities (ID). The majority of adults with ID are either unemployed or underemployed. The new landing page provides background and research information as well as accommodation information.
The Equal Employment Opportunity Commission (EEOC), per the Sunshine Act, will allow the public to listen in to a hearing on Thursday, June 11, 2020. The matter scheduled for discussion is the Notice of Proposed Rulemaking on Wellness Programs. You may recall we spotlighted this “to-do” on Trump’s Spring Regulatory and Deregulatory action items.
“EEOC staff is developing a Notice of Proposed Rule Making to address wellness programs under the ADA and GINA in response to the court’s most recent ruling. See AARP v. EEOC, 267 F. Supp. 3d 14 (D.D.C. 2017).”
On Wednesday, June 10, 2020, the Agency will post attendance instructions on its website. Closed captioning services will be available.
OFCCP Director Craig Leen submitted a written statement in addition to his oral testimony before the U.S. Senate Committee on Homeland Security & Governmental Affairs. In the 2-hour Hearing, the Committee asked questions of both Leen and the Honorable Russell Vought to be Director of the Office of Management and Budget. Director Leen addressed questions such as, what would be your “main thing” if appointed (51:50)? To which he answered, “Fulfilling the public trust given to me…” Other questions included:
- Will the protection of American data be a priority (in reference to the 2014 and 2015 data breaches of 21.5 million OPM VERY sensitive background security check investigation and personnel records of current and former federal government civilian employees)? (1:00)
- What would be your biggest impact to save money? (1:07)
- Would you speak truth to power? (1:22)
- What are your thoughts on the “painful” retirement process for federal employees? (1:33)
- What are your thoughts on hiring and management authorities? (1:34)
- How will you handle the significant restructuring of OPM and subsequent inspections? (1:54)
NOTE: There is a pending proposal, currently tabled due to the pandemic, to merge OPM into the Government Services Administration (GSA). Last year, following the now widely publicized 2014 and 2015 Chinese government hacks of OPM’s background security check and personnel records, President Trump transferred this substantial component of OPM (previously known as the National Background Investigations Bureau, or “NBIB”) to the Defense Counterintelligence and Security Agency. That transfer shrank OPM’s employee headcount by about 1/3rd in one fell swoop and has now brought into question whether OPM has a mission to serve any longer since one of its its core mission functions no longer exists at OPM.
What next?Director Leen waits to be added to the Senate Executive Calendar for a Committee vote (majority vote wins) whether to advance his name out of Committee to the full Senate for a Floor Vote (majority vote wins). Because the Senate is currently well within the control of Republicans, Director Leen should win both votes. However, getting Senate Floor time to schedule a vote of all Senators is very...
