THE RUDNICK REPORT : NEW CASE DEVELPMENTS AT THE NLRB FOR 4-28-26
Subject: Update: Key NLRB Developments as of April 28, 2026 – Implications for Employers
Dear Employers,
I hope this email finds you well. I wanted to provide a brief update on key recent developments at the National Labor Relations Board (NLRB) and related federal court decisions that may impact your labor relations strategies.
Dear Employers, I wanted to provide a timely update on key developments at the National Labor Relations Board (NLRB) as we monitor the agency's activities under its current composition.
1.April 23, 2026 – 374 NLRB No. 100: Beleaf Medical, LLC (14-RC-325871) – Representation Case Core Issue: Whether post-harvest cannabis workers (destemming, trimming, curing, packaging, and pre-roll production) at Beleaf Medical’s St. Louis, MO facility qualify as “agricultural laborers” exempt from NLRA coverage under Section 2(3).
Board Ruling: The Board (majority) denied the employer’s request for review and affirmed the Regional Director’s determination that these workers are statutory employees eligible to unionize. Their work more closely resembles industrial manufacturing than traditional farming (e.g., mechanical trimming machines, dedicated curing rooms, precision packaging, regulatory data entry). Packaging alone took 35–50% of their time.
Key Reasoning: Applied FLSA’s broader agricultural definition but found the activities were not “incident to” farming. Workers operated in separate departments with no interchange with cultivation/harvest teams. Analogized to tobacco processing precedents.
Concurrence: Member Mayer agreed with the outcome but emphasized a case-by-case, totality-of-circumstances approach for emerging industries like cannabis.
Implications: Significant for the cannabis industry, supporting union organizing rights for processing workers. A related Missouri bill (HB 2641) was advancing to clarify this by statute.
2. April 22, 2026 – 374 NLRB No. 99: SAAS Hotels NJ LLC d/b/a La Quinta Inn & Suites Fairfield and Rollo Hospitality LLC d/b/a Ramada by Wyndham (22-CA-315658) – ULP Case Core Issue: Alleged alter ego scheme to evade union obligations after the prior collective bargaining agreement (with Hotel and Gaming Trades Council, AFL-CIO) expired.
Board Ruling: Default judgment entered against Rollo Hospitality LLC (deemed a “disguised continuance”/alter ego of SAAS). Multiple violations of Sections 8(a)(1), (3), and (5): unilateral changes to terms (sick leave, probation, room quotas, subcontracting), failure to remit dues, threats, denial of access, and retaliatory discharges of five employees.
Remedies: Reinstatement + make-whole relief (including Thryv-style foreseeable harms) for the five discharged workers (Larissa Tosi, Kim Cochran, Milagros Payano, Jose Bernal, Marleny Guerra); rescind unilateral changes; bargain in good faith; post notice. No default against SAAS due to improper service.
Context: Rollo was incorporated shortly before contract expiration in March 2023 at the same Fairfield, NJ location.
3. April 17, 2026 – 374 NLRB No. 98: RRI West Management, LLC d/b/a Red Roof Plus+ San Antonio (16-CA-278283) – ULP Case Core Issue: Discharge of sales representative Diandra Marie Diaz for protected concerted activity related to COVID-19 safety concerns in early 2021.
Board Ruling: Affirmed the ALJ’s findings that the employer violated Section 8(a)(1) by discharging Diaz and directing her to stop counseling coworkers about workplace concerns and rights.
Key Facts: Diaz raised COVID risks, quarantine/testing advice, and challenged a possibly ill manager. Termination decision followed internal emails about her activity; employer’s “probationary performance” rationale was pretextual (no prior warnings, no sales targets, pandemic context).
Remedies: Reinstatement, full backpay with interest (no offset for unemployment benefits), compensation for foreseeable harms under Thryv standard, notice posting. Board members noted openness to revisiting Thryv but applied it here.
4. April 16, 2026 – 374 NLRB No. 97: Dold Foods LLC (14-RC-353703) – Representation CaseCore Issue: Union (UFCW Local 2) request for review of Regional Director’s decision to set aside a close December 2024 election (277–266 in favor of union, with 11 void ballots) at the Wichita, KS bacon plant and order a rerun. Board Ruling (2-1): Denied the union’s request for review. Upheld the Regional Director’s order for a new election due to serious flaws in election materials that undermined “laboratory conditions.”
Key Problems: Ballots were English-only; Spanish and Swahili election notices had flawed or missing sample ballots/translations (e.g., no “yes/no” labels in Swahili). Substantial non-English-speaking workforce; lack of adequate translators. Void ballots matched the margin.
Dissent: Member Prouty (favoring upholding the original election) argued objections lacked sufficient evidence of actual voter confusion.
Outcome: Rerun election proceeded around April 16, 2026.
5.Please let me know if you'd like to discuss how these updates specifically apply to your business, schedule a call, or receive more detailed analysis of any particular case. I'm happy to provide tailored guidance.
Best regards,
Sanford Rudnick JD
800-326-3046
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
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Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
Sanford Rudnick uses these principles in these books to win elections and to resolve charge at the NLRB. Call H. Sanford
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