News & Analysis as of November 17, 2024

First Amendment › The National Labor Relations Act › Labor Relations

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

“Captive Audience” Bans: Employers Should Be Aware of This Trend

Foley & Lardner LLP on 11/12/2024

As organized labor activity has been on the rise in recent years and stories about union-related matters have become regular news, labor relations questions have ever-increasingly become front-of-mind for employers. It is...more

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

Littler on 3/6/2024

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Connecticut Bans Corporate Meetings about Politics

Wiley Rein LLP on 7/21/2022

Effective as of July 1, 2022, Connecticut law purports to grant an employee a statutory cause of action against his or her employer if the employer “subjects or threatens to subject any employee to discipline or discharge”...more

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

Franczek P.C. on 4/19/2022

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

Morgan Lewis on 7/26/2021

The National Labor Relations Board, in one of its most significant decisions in recent years on “union protest” issues, has substantially eroded the protection given to “neutral” parties when unions erect large inflatable...more

Scabby the Rat Has Been Legitimized by the NLRB

Proskauer - Labor Relations Update on 7/23/2021

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

“Scabby” The Rat Gets Stay Of Execution

Amundsen Davis LLC on 7/23/2021

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

NLRB Seeks Comment: Rats, Banners and Neutrals, Oh My!

Proskauer - Labor Relations Update on 10/30/2020

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

Political Speech in the Workplace (And What – If Anything – To Do About It)

Ward and Smith, P.A. on 10/21/2020

Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion. Many who do have jobs and bring those opinions into the workplace....more

Speak No Evil – The Right To Limit Employee Speech This Election Season And Beyond

Fisher Phillips on 10/14/2020

Following a tragic series of recent events, individuals across the country have started voicing their opinions about social, cultural, and political issues with a passion not seen since the Civil Rights Movement of the...more

How To Handle Unprecedented Workplace Tension This Election Season: A 10-Step Action Plan

Fisher Phillips on 9/15/2020

What a year! 2020 has been full of challenges, both personal and professional. Personally, each of us have our own story. Professionally, workplaces have been rocked with unprecedented turmoil as we navigate COVID-19 and the...more

The Practical NLRB Advisor - Summer 2019

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

NLRB Finds Inflatables Debatable

Polsinelli on 6/10/2019

“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

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on 5/29/2019

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

The State Of Union Funding - California And The Ninth Circuit Show How States Might Try To Mitigate The Effect of Janus

Seyfarth Shaw LLP on 8/9/2018

Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just...more

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