The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part II
Long-Term Remote Work Strategies
Deflating the Union Rat
I-24 – Thankful for Volume 1, 2017, and Relationships
Host Tom Godar welcomes to the show Husch Blackwell partner Jon Anderson for the second installment of a two-part conversation with Howard Bellman, a fixture in the world of dispute resolution for many decades who has helped...more
Recent uncertainty at the federal level involving labor relations disputes has prompted states to take action, particularly since the National Labor Relations Board (NLRB) currently has too many vacancies to issue decisions....more
The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
The U.S. Court of Appeals for the D.C. Circuit sent an unfair labor practice case back to the National Labor Relations Board (NLRB) because the agency failed to consider the contract-based defenses of an employer accused of...more
The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more
On March 20, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued an updated memo outlining her prosecutorial priorities. GC Abruzzo’s prior August 2021 memo identified 46 issue areas for...more
Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more
A split Board concluded this week that a union did not engage in unlawful secondary activity under the NLRA when it stationed a 12-foot-tall inflatable rat—known all too well by employers as “Scabby the Rat”—and two 8-foot...more
The National Labor Relations Board (NLRB) ruled 3-1 on July 21, 2021 that labor unions may continue to use large, inflatable balloons–usually in the shape of an ugly rat–to aid in publicity of labor disputes, whether...more
The National Labor Relations Board (NLRB) has asked for the parties and amici to submit briefs answering four questions in a case involving a union’s display of a large inflatable rat, commonly called “Scabby the Rat,” and...more
An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more
The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more
Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more
Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client...more
“Scabby the Rat” and “Corporate Fat Cat”…beware. A recent National Labor Relations Board (“NLRB” or the “Board”) Advice Memorandum has suggested that the use of oversized inflatable rats may constitute illegal secondary...more
Scabby, the gnarly, diseased, inflatable rat, has long been recognized as a symbol of a labor protest. During the Obama-era, the National Labor Relations Board likened the use of Scabby to peaceful, protected activities such...more
An advice memorandum just released by the National Labor Relations Board General Counsel’s office could be the beginning of the end for “Scabby the Rat,” “Corporate Fat Cat,” and similar oversized balloons often employed by...more