When an employer and a union sit down to bargain they often agree to ground rules for how negotiations are to be conducted. A common ground rule, for example, is for the parties to agree to address “non-economic” items before...more
A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more
6/26/2017
/ Back Pay ,
Collective Bargaining ,
Corporate Counsel ,
Discipline ,
Hiring & Firing ,
IRS ,
NLRB ,
Reinstatement ,
Security Guards ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Wrongful Termination
During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more
6/8/2017
/ American Baptist ,
Appeals ,
Arbitration ,
Confidential Employer Investigations ,
Confidentiality Agreements ,
Corporate Counsel ,
Disclosure Requirements ,
Internal Investigations ,
NLRB ,
Retaliation ,
Standing ,
Unions ,
Witness Statements ,
Workplace Investigations
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
One of the most interesting things about labor relations is the unusual situations human resources professionals have to deal with on a day to day basis. If you are at a cocktail party with a human resources professional, ask...more
The NLRB recently issued a rare decision completely dismissing all allegations against an employer; rarer still because it was unanimous. In Brooke Glen Behavioral Hospital, 365 NLRB No. 79 (May 15, 2017) the NLRB was...more
5/23/2017
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Corporate Counsel ,
Health Care Providers ,
Hiring & Firing ,
NLRB ,
Nurses ,
Protected Activity ,
Protected Concerted Activity ,
Teamsters ,
Unfair Labor Practices ,
Unions
Change is coming. We noted recently that the administration is thinking about changing the newly adopted persuader regulations. We also know that a majority of make-up of the NLRB is likely to shift very soon, and with it...more
The change in a presidential administration always brings changes to government agencies, including the NLRB, as new appointments are made reflecting the policy preferences of the administration. The NLRB is not immune to...more
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
The Supreme Court has dealt another blow to the stability of the National Labor Relations Board. In a 6-2 decision, in, National Labor Relations Board v. SW General, Inc. DBA Southwest Ambulance, USSC Case No. 15-1251 (March...more
3/22/2017
/ Administrative Appointments ,
Administrative Hearings ,
Administrative Law Judge (ALJ) ,
Federal Vacancies Reform Act ,
NLRB ,
NLRB General Counsel ,
NLRB v SW General ,
Presidential Appointments ,
Retroactive Application ,
SCOTUS ,
Senate Confirmation Hearings ,
Unfair Labor Practices ,
Voidable
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
What would the holiday season be without a Christmas gift case? A perennial problem for labor relations personnel is whether the yearly Christmas turkey given to employees is something that an employer must bargain over...more
12/30/2016
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Duty to Bargain ,
Employer Liability Issues ,
Holiday Gifts ,
Holidays ,
NLRB ,
NLRB General Counsel ,
Unions
The NLRB is down to three members, the bare minimum required to conduct business, and so cases are being issued somewhat sporadically.
The so-called ambush election rules have received a lot attention over the last few...more
In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in...more
The end of another NLRB fiscal year is upon us. Today, September 30, marks the last date of the fiscal year. We can expect to see a number of decisions issue from the Board, and many determinations made at the regional...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
There has been a lot of hype about the so-called NLRB ambush election rules. These are, of course, the NLRB’s take on fixing what it deemed a broken secret ballot election scheme, one allegedly marred by employers gaming the...more
The first day of employment is often chaotic. New employees must learn their way around the jobsite, meet (and remember the names of) many new people and otherwise familiarize themselves with working at a new job. Oh, and...more
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 political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New Process Steel) and several courts of appeals decisions regarding the Board’s...more
We know that, among many other common employer policies, the NLRB considers many mandatory arbitration agreements to be unlawful, particularly where they prohibit class or collective actions. See Murphy Oil USA, Inc., 361...more
The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board...more
The scope of a union-represented employee’s right to have a union representative present during an investigatory interview is one of the more interesting areas of labor law. Even though most people who practice labor...more