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 fight over the Department of Labor’s attempt to “clarify” the 50 plus year interpretation of the persuader rules may be coming to an end. After its implementation, the persuader rule was immediately challenged in...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
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 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
Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated -
Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015).
Avery Richey worked for Power Toyota Cerritos,...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
$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award -
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc).
Angela Aguilar who worked in a copper mine...more
1/14/2015
/ Bribery ,
Constructive Discharge ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Mining ,
Promissory Notes ,
Punitive Damages ,
Rest and Meal Break ,
School Districts ,
Security Checks ,
Severance Pay ,
Sexual Harassment ,
Wage and Hour ,
Whistleblowers ,
Wrongful Termination
In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more