How the NLRB treats employer statements made to employees in the context of union organizing or other protected activity has been a frequent topic of discussion. While the actual case law analyzing the coerciveness of an...more
2/14/2019
/ Administrative Law Judge (ALJ) ,
Coercion ,
Corporate Counsel ,
Employer Liability Issues ,
Hiring & Firing ,
Interrogations ,
NLRB ,
Termination ,
Totality of Circumstances Test ,
Unfair Labor Practices ,
Unions ,
Witness Statements
The right of employees to band together for purposes of bringing grievances to their employer is at the very core of the National Labor Relations Act, as embodied in Section 7. This right is called protected concerted...more
In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a moving target, depending on...more
Since December 2017, when the Board issued a number of decisions which restored precedent that had been changed in the last few years, not much of note has been happening at the Board. Indeed, there was not a full complement...more
As we previously reported the NLRB’s “joint employer” standard has vacillated over the last several years, and currently remains in flux. For historical reference, the NLRB expanded the scope of joint-employment in 2015 in...more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
Things are moving fast and furiously at the NLRB. Last week we saw the new General Counsel issue a sweeping memo which rescinded many policy guidelines and initiatives of his predecessor and highlighted the Board precedent...more
Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of...more
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
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
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
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 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
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
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
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