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Labor Relations › Section 7 › Unfair Labor Practices

Littler

Fifth Circuit Scolds NLRB in Case about Employee Outbursts and Requires Board on Remand to Use Standard it Purported to Overrule

Littler on

On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more

Jackson Lewis P.C.

Labor Board: Employee Protected Concerted Activity Determined by Totality of the Circumstances

Jackson Lewis P.C. on

The National Labor Relations Board has returned to the “totality of the circumstances” test for determining when individual employee action constitutes protected concerted activity. Miller Plastic Products, Inc., 372 NLRB No....more

Paul Hastings LLP

NLRB Elevates Union Authorization Cards Over Secret-Ballot Elections to Compel Employers to Recognize Unions

Paul Hastings LLP on

For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

Constangy, Brooks, Smith & Prophete, LLP on

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Adopts Standard Critical of Employer Workplace Rules, Handbooks

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new burden-shifting standard for evaluating whether work rules infringe upon employees’ rights under Section 7 of the National Labor Relations Act...more

Miles & Stockbridge P.C.

NLRB Returns to Decades-Old Standards for Assessing Employee Misconduct at Work

Miles & Stockbridge P.C. on

The National Labor Relations Board has reverted to decades-old standards for assessing whether employee misconduct during the course of protected activity should be protected under federal labor law. The Board’s move will...more

Akerman LLP - HR Defense

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Akerman LLP - HR Defense on

Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more

Proskauer - Labor Relations Update

NLRB Holds that Leaflet Outlining Consequences for Threatening Workers Is Not Unlawful

Proskauer - Labor Relations Update on

In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more

McNees Wallace & Nurick LLC

NLRB Adopts Single Rule to Evaluate Employee Misconduct

McNees Wallace & Nurick LLC on

The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more

Proskauer - Labor Relations Update

Congress Passes Labor-Friendly “PRO Act”

Proskauer - Labor Relations Update on

On Thursday, February 6, 2020 the U.S. House of Representatives passed the Protecting the Right to Organize Act, also known as the “PRO Act”. The legislation passed mostly along party lines, would provide sweeping changes to...more

Akerman LLP - HR Defense

NLRB Clarifies Standard for Reviewing Workplace Polices, Finds Confidentiality and Media Contact Policies Lawful

Akerman LLP - HR Defense on

Applying its new standard for determining whether employer policies violate the National Labor Relations Act (NLRA), a divided National Labor Relations Board (Board) upheld policies prohibiting employee disclosure of client...more

Troutman Pepper

NLRB Issues a Series of Employer-Friendly Decisions

Troutman Pepper on

Q.  I heard there have been some significant National Labor Relations Board decisions recently. What do I need to know about them? ...more

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