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NLRB Awards Bargaining Expenses to Union

By Gerard Morales In a recent case, the Court of Appeals for the 9th Circuit (Court) enforced an order of the National Labor Relations Board (NLRB or Board) requiring an employer to reimburse the union for the expenses that...more

'Any Person' May File Unfair Labor Practice Charges With the NLRB

In a recent decision, FDRLST Media, LLC v. National Labor Relations Board (No. 20-3434 & 3492 3rd Cir. May 20, 2022), the United States Court of Appeals for the Third Circuit (“Court”) denied enforcement of an order of the...more

Inherently Concerted Activities

On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the...more

Criticizing the Employer’s Workplace Diversity and Inclusion Policies

Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.” In general, “concerted activities” are activities or conduct by...more

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of...more

Indian Tribes Continue to Challenge the NLRB's Jurisdiction Over Casinos Located on Indian Lands

Indian tribes continue to challenge the NLRB's jurisdiction over casinos located on Indian lands and courts continue to side with the NLRB. In Casino Pauma, the 9th Cir. decided on April 26, 2018, that under the test...more

NLRB Expected to Issue Decision on “Joint Employers”

The National Labor Relations Board is expected to issue a decision in the very near future (Browning-Ferris Industries 32 RC 109684) that will dramatically change the standard for finding that two or more entities...more

Employers’ Initial Obligations Upon the Filing of Election Petitions Under the New NLRB Rules

The new NLRB expedited union election rules, scheduled to go into effect on April 14, 2015, drastically restructure NLRB representation proceedings and impose very significant new obligations on employers. The rule changes...more

General Counsel of the NLRB Opens the Door for Franchisors to be Liable for the Actions of their Franchisees

In a directive that has rocked the franchise world, the National Labor Relations Board (NLRB or the Board) Office of the General Counsel determined that McDonald’s USA, LLC, as the franchisor, could potentially be held liable...more

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