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
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair...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 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
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 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
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
In a very recent decision the National Labor Relations Board (Board) held that two separate construction contractors constituted a single employer and a joint employer under labor law. Both entities were, therefore, jointly...more
On October 21, 2014, National Labor Relations Board (NLRB or Board) Associate General Counsel, Barry J. Kearny, discussed the litigation, currently before the Board, on the joint employer issue. Kearny predicted that the...more