On June 1, 2023, the United States Supreme Court issued its 8-1 decision in Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local Union No. 174,1 holding that the National Labor Relations Act (“NLRA”)2 does...more
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes, and other activities by...more
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
Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors....more
On September 29, 2021, National Labor Relations Board (“NLRB”) General Counsel, Jennifer A. Abruzzo, released Memorandum GC 21-08 (the “GC Memo”) issuing guidance on her position that certain “Players at Academic...more
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted...more
In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the...more
In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected...more
“Major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.” Grutter v....more
On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act.1 With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a...more
3/16/2021
/ ABC Test ,
Collective Bargaining Agreements (CBA) ,
Employee Definition ,
Employee Rights ,
Epic Systems Corp v Lewis ,
Federal Labor Laws ,
Independent Contractors ,
Labor Relations ,
New Legislation ,
NLRA ,
Pending Legislation ,
Right to Work ,
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Unions
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
Overruling 2014 precedent, see Babcock & Wilcox Construction, 361 NLRB 1127 (2014), the National Labor Relations Board (Board), last week in UPS, Inc. 369 NLRB No. 1 (Dec. 23, 2019), returned to the standard that applied from...more
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers.
In a decision involving a Las Vegas employer, the Board held...more
12/18/2019
/ Confidential Information ,
Disciplinary Proceedings ,
Electronic Communications ,
Email ,
Email Policies ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Protected Concerted Activity ,
Purple Communications ,
Section 7 ,
Sexual Harassment ,
Unfair Labor Practices ,
Unions ,
Workplace Investigations
Employers often confront the question of whether employees can be disciplined for using social media, such as Facebook, to communicate with other employees about complaints regarding terms and conditions of employment....more
In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs...more
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
The Court of Appeals for the D.C. Circuit recently denied enforcement of an order from the National Labor Relations Board (NLRB). The NLRB believed that the open door policy below prohibited employee complaints or discussions...more
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
A. Introduction -
Over the last few weeks, there has been a great deal of discussion in the legal media regarding the National Labor Relations Board (NLRB or Board) General Counsel’s (GC) argument to the Board, that...more
Can Non-Employees Be Denied Access to Employers’ Property?
Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more
Undocumented Workers Are Employees -
It is well established that undocumented workers are “employees”, as that term is defined in the National Labor Relations Act, 29 U.S.C.151, et. seq. (the Act). In essence, the Act...more
The American Staffing Association (ASA) recently reported that the trend to hire temporary and contract employees through staffing agencies continues to grow. In 2013 staffing companies employed three million workers per day...more
The Dispute -
The International Longshore and Warehouse Union (“ILWU”) had a long established collective bargaining relationship with grain exporter Marubeni-Columbia Grain, Inc. (“CGI”), which covered CGI’s employees...more
TABLE OF CONTENTS:
I. The NLRA and the NLRB
II. NLRB Regional Offices
III. Unions and Elections
IV. Appropriate Units – Community of Interest
A. Statutory Exclusion
1. Agricultural Employees
2....more