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National Labor Relations Board › Unions › Employer Rights

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Conn Maciel Carey LLP

Changes on the Horizon for the National Labor Relations Board

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A period of inactivity at the top adjudicative level of the National Labor Relations Board (NLRB) may soon be over with the potential appointment of two new Board members. Last week, the President nominated Scott Mayer and...more

Genova Burns LLC

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

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A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

McAfee & Taft

Change on the horizon: The NLRB’s continued shift toward more employer-friendly policies

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Under the Biden administration, the National Labor Relations Board was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act. Within a week of being sworn in,...more

Vorys, Sater, Seymour and Pease LLP

Trump Names Crystal Carey as NLRB General Counsel Nominee

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President Trump has named a nominee for the NLRB General Counsel position: Crystal Carey, a management-side labor relations partner at the New York office of law firm Morgan Lewis & Bockius LLP. Carey’s nomination is an...more

Fisher Phillips

Pop Quiz: Test Your 2024 Workplace Law Knowledge

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Did you keep up with all the workplace law updates in 2024? Take our quiz to see if you can score a perfect 10 or need to do some catch-up work. After jotting down your answers, use the answer key at the end (no peeking!) to...more

Littler

D.C. Circuit Clarifies Employer Communication Rights During Union Campaigns

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On March 1, 2024, the U.S. Court of Appeals for the D.C. Circuit clarified the rules that apply when employers distribute information and observe employees during union campaigns. The court found that a New York-based...more

Littler

Illinois Governor Amends Labor Disputes Act

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On June 9, 2023, Illinois Governor J. B. Pritzker signed into law HB 2907 and HB 3396, amending the Illinois Labor Disputes Act (“Act”) to expand protections for striking workers. The new law restricts defensive measures...more

Bodman

NLRB Telegraphs Possible New Standard for Employee Email Use

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On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more

Pierce Atwood LLP

New NLRB Case Threatens Employers' Rights to Counter Union Campaigns

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In an unfair labor practice complaint recently filed against online retailer Amazon, the Brooklyn Regional Office of the National Labor Relations Board appears to be taking aim at the right of employers to hold mandatory...more

Perkins Coie

NLRB GC Abruzzo Signals Significant Changes for Employers in Cemex Brief

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The general counsel for the National Labor Relations Board (the Board), Jennifer Abruzzo, on April 11, 2022, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, LLC, 28-CA-230115 et al.,...more

FordHarrison

NLRB's Top Prosecutor Seeks to Muzzle Employers by Banning Employee Meetings

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Executive Summary: In an April 7, 2022 memo from the NLRB, General Counsel Jennifer Abruzzo (“Abruzzo”) announced her intent to challenge employers’ long-standing practice of holding informational meetings regarding union...more

Littler

NLRB General Counsel Aggressively Seeks to Expand Unions’ Right to Demand Recognition; Restrict Employer Speech

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National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more

Harris Beach Murtha PLLC

NLRB General Counsel Aims to Drastically Change Employers’ Rights Related to "Captive Audience" and Other Mandatory Meetings About...

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For nearly 75 years, employers have held the right to gather employees at work for mandatory meetings to discuss, in a non-coercive manner, the employer’s views concerning unionization. On April 7, 2022, however, National...more

Stevens & Lee

NLRB May Outlaw Captive Audience and Other Mandatory Meetings

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On April 7, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo circulated a memorandum to all Field offices, expressing her intention to ask the Board to deem “captive audience meetings,” where...more

Fisher Phillips

NLRB’s Latest Guidance Supports Employer Decisions Amidst Pandemic

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Addressing the issue for the first time since the pandemic, the National Labor Relations Board recently released a series of advice memoranda instructing its Regional offices to dismiss various COVID-19 related charges...more

Epstein Becker & Green

NLRB Restores Employer Rights to Discipline Newly-Unionized Employees Without Bargaining

Epstein Becker & Green on

On June 23, 2020, the National Labor Relations Board (“NLRB” or “Board”) overruled a 2016 decision that required employers to bargain over the discipline of employees during negotiations for a first contract. ...more

Seyfarth Shaw LLP

Year 2020 Hindsight Reveals That The Current NLRB Has Overhauled Our National Labor Laws Since 2017

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Seyfarth Synopsis: It should be clear to all that the NLRB has taken significant steps to restore the law to a footing that more closely resembles the landscape that existed prior to the Obama Board. ...more

Fisher Phillips

Labor Gets Wishlist Bill Passed In House

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The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

Stinson LLP

NLRB Wraps up Blockbuster Year with a Bang

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The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more

Vedder Price

NLRB Okays Confidentiality Rules During Ongoing Investigations and Restrictions of Personal Use of Work Email

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In a flurry of year-end activity before losing its lone Democratic member, the National Labor Relations Board (the “Board”) recently issued two decisions that allow employers to maintain greater confidentiality protections...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on the NLRB and Employee Communication

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Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more

Pierce Atwood LLP

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

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In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more

Sheppard Mullin Richter & Hampton LLP

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

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The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

Steptoe & Johnson PLLC

Employer Rights to Control the Workplace Reinstated by President Trump's NLRB

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On December 17, 2019, the National Labor Relations Board issued two decisions that reversed troubling precedents and restored rights to employers. First, the NLRB reiterated that employers have a right to control the use of...more

Ballard Spahr LLP

NLRB Trend of Employer-Friendly Decisions Continues: Investigative Confidentiality Rules and Use of Employer Emails

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On the same day as the departure of the lone Democratic Board member, the National Labor Relations Board (NLRB) this week continued its trend of issuing employer-friendly decisions that reverse Obama-era Board precedent. In...more

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