The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more
6/3/2017
/ Administrative Law Judge (ALJ) ,
Damages ,
Hiring & Firing ,
Misappropriation ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Public Policy ,
Section 7 ,
Settlement Agreements ,
Trade Secrets ,
Unfair Labor Practices ,
Unions ,
Wrongful Termination
Of all the changes to the law the NLRB has made in the last several years, the most significant involve how the agency determines bargaining units. For example, the NLRB’s decision in Specialty Healthcare drastically altered...more
We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law. And...more
The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more
In a 2-1 ruling in DirecTV Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the D.C. Circuit affirmed the NLRB’s ruling that DirecTV must reinstate technicians who were terminated for complaining about a...more
9/23/2016
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
DirectTV ,
Grievance Process ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Satellites ,
Television Service Providers ,
Unfair Labor Practices ,
Wage and Hour
The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued. This year is no different, and perhaps more are being issued during these last few days because...more
9/2/2016
/ Administrative Law Judge (ALJ) ,
Canning v NLRB ,
Chipotle Grill ,
Collective Bargaining ,
Corporate Counsel ,
Electronic Communications ,
Employees ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Social Media ,
Twitter ,
Unions
So far, it has been a long quiet Summer with little NLRB activity, – with the exception of the recent ruling that temporary agency employees can be part of a bargaining unit with the principal employer’s employees, of course....more
Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be...more
7/11/2016
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Delays ,
NLRA ,
NLRB ,
Request For Information ,
Terms and Conditions ,
Unions ,
Waivers
The last few months have seen very little in the way of NLRB decisions. The recent Supreme Court decision where the recess appointments to the NLRB were invalidated, likely will further slow down the process of issuing...more
In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in...more
A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.”...more
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights...more
A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more
A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National...more
As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback...more
An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more