As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more
3/15/2018
/ Administrative Law Judge (ALJ) ,
Charging Party ,
Credibility ,
Employer Liability Issues ,
Internal Investigations ,
NLRB ,
Reversal ,
Sexual Harassment ,
Sexual Stereotyping ,
Testimonial Statements ,
Unfair Labor Practices ,
Unions ,
Witness Statements ,
Witnesses
The past few weeks on the Labor Board front have been fairly routine, save for, of course, the high drama associated with the NLRB reversing its own decision (lest anyone think this is a super significant development,...more
As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a...more
December saw a flurry of decisions by the NLRB as it briefly held a full complement. The Board currently has only four members and so law-changing decisions are less likely to occur until a new member is confirmed....more
In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping decisions issue from the Board.
This December is no different. With Chairman...more
On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years.
Today, the NLRB, in Raytheon Network Centric Systems, 365...more
We have noted many times over the years how the NLRB’s zeal to review employer policies, or more correctly, fragments of employer policies, for lawfulness has led to nettlesome issues that rarely, if ever, involve actual...more
It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new...more
11/13/2017
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Arbitration ,
Charging Party ,
Coercion ,
Collective Bargaining ,
Employee Benefits ,
Grievance Process ,
Lockouts ,
NLRA ,
NLRB ,
Section 7 ,
Settlement Agreements ,
Strike ,
Unions ,
Wage and Hour
The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more
10/10/2017
/ Administrative Law Judge (ALJ) ,
Adverse Action ,
Coercion ,
Email ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Hiring & Firing ,
Interrogations ,
NLRA ,
NLRB ,
Professional Disciplinary Actions ,
Termination ,
Totality of Circumstances Test ,
Trump Administration ,
Unfair Labor Practices ,
Unions ,
Witness Statements
One of the fundamental pillars of any remedy doled out by the NLRB is the agency’s requirement that the employer (or union) post a “Notice to Employees,” a bright blue poster detailing the misdeeds of the charged party. Such...more
9/12/2017
/ Administrative Law Judge (ALJ) ,
Breach of Contract ,
Corporate Counsel ,
Default Judgment ,
Employer Liability Issues ,
Labor Law Violations ,
NLRB ,
Notice Requirements ,
Settlement Agreements ,
Unfair Labor Practices ,
Unions
Labor Day is upon us. It is fitting, therefore, to enter the weekend with another case that exemplifies the bizarre world of labor relations. Like the case of the human resource manager who turned on his employer, or the...more
The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more
8/24/2017
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employer Liability Issues ,
Hospitals ,
NLRB ,
Nurse Practitioners ,
Peer Review ,
Union Representatives ,
Unions ,
Weingarten Rights
Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion,...more
When bargaining over an agreement, it is common to hear union representatives ask “why do we need such elaborate language in an agreement? We are always reasonable.” To which, the company usually responds, “We think you’re...more
The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all...more
We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated...more
7/27/2017
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Corporate Officers ,
Filing Grievances ,
Grievance Process ,
Long Term Care Facilities ,
NLRB ,
Nurses ,
Solicitation ,
Unfair Labor Practices ,
Union Elections ,
Unions
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
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
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