Christopher A. Johlie

Christopher A. Johlie

Franczek Radelet P.C.

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The NLRB Opens the Door to Union Organizing Among Teaching Assistants and Other Student Assistants at Private Colleges and...

In what will come as no surprise to even the most casual labor law observer, yesterday the National Labor Relations Board jettisoned established precedent and granted teaching assistants and other student assistants at...more

8/24/2016 - Bargaining Units Brown University Colleges Educational Institutions NLRA NLRB Popular Student Employees Teachers Unions Universities

Adventures in Buttonland: NLRB Rejects Employer Attempts to Ban Buttons at Work

Two recent cases, one from the National Labor Relations Board, and one from a federal court of appeals enforcing an NLRB decision, highlight the risk an employer runs when it seeks to prohibit its employees from wearing...more

7/22/2016 - ALJ Business Model Corporate Counsel Employee Rights NLRA NLRB Special Circumstances Doctrine Unions

Federal District Court in Texas Blocks New DOL Persuader Rule

Last week, we reported that a federal district court in Minnesota determined that the new Department of Labor (DOL) persuader rule likely is unenforceable because it conflicts with the Labor Management Reporting and...more

6/28/2016 - Collective Bargaining Consultants DOL First Amendment Free Speech LMRDA Persuader Rules Preliminary Injunctions Reporting Requirements Unions

Federal District Court in Minnesota Finds Merit in Challenge to DOL Persuader Rule, But Denies Request to Enjoin Implementation

As we reported earlier, the new Department of Labor (DOL) “Persuader Rule” dramatically expands reporting obligations for consultants and attorneys who provide certain services to employers related to persuading employees on...more

6/24/2016 - Collective Bargaining Consultants DOL LMRDA Persuader Rules Reporting Requirements Unions

Seventh Circuit Creates Circuit Split on Arbitration Agreements that Prohibit Class or Collective Wage and Hour Claims

Recently, the Seventh Circuit Court of Appeals in Chicago held in Lewis v. Epic Systems Corporation that a mandatory agreement between the employer (Epic) and its employees requiring arbitration of wage and hour claims on an...more

6/2/2016 - Arbitration Agreements Class Action Arbitration Waivers Collective Actions Corporate Counsel Federal Arbitration Act NLRA NLRB Protected Activity Section 7 Wage and Hour

Department of Labor Publishes Long-Awaited “Persuader” Final Rule

On March 24, the Department of Labor published its long-awaited revisions to its regulations regarding the “persuader” reporting requirement under Section 203 of the Labor Management Reporting and Disclosure Act (LMRDA). As...more

3/25/2016 - Attorney-Client Privilege Collective Bargaining DOL Final Rules LMRDA Persuader Rules Reporting Requirements Unions

Seventh Circuit Court of Appeals Defers to NLRB: Employer Unlawfully Discharged Employee for Brief Refusal to Work

In Staffing Network Holdings, LLC v. NLRB, the Seventh Circuit Court of Appeals in Chicago recently upheld the National Labor Relations Board’s decision that an employer unlawfully fired an employee who briefly refused to...more

3/11/2016 - ALJ Corporate Counsel Hiring & Firing NLRB Protected Concerted Activity Wrongful Termination

A Break From The Trend? NLRB Regional Director Finds Carroll College Exempt From Board Jurisdiction Under Pacific Lutheran

Union organizing directed at religious college and university faculties has gained momentum since the National Labor Relations Board (“Board”) issued its decision in Pacific Lutheran University (“PLU”) in 2014. In PLU, the...more

1/27/2016 - Corporate Counsel Educational Institutions Jurisdiction NLRB Pacific Lutheran University Religious Schools Unions

U.S. Department of Labor Pushes “Persuader Rules” to Final Approval Stage

Last week, the Department of Labor (“DOL”) forwarded long-delayed revisions to its “persuader rules” to the Office of Management and Budget – a key final step before the new rule takes effect. The DOL hopes to have the...more

12/14/2015 - DOL Filing Requirements LMRDA Persuader Rules Popular Unions

The mountain that is Specialty Healthcare: Volkswagen case typifies employers’ steep climb in NLRB unit determination cases

In its 2011 Specialty Healthcare decision, the National Labor Relations Board revised the test it applies in determining whether a union’s petitioned-for unit is appropriate. In Specialty Healthcare, the NLRB explained that...more

11/24/2015 - Corporate Counsel NLRB Overwhelming Community of Interest Specialty Healthcare Unions Volkswagen

NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact...

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal...more

10/28/2015 - Cell Phones Compliance Contacts List Disclosure Requirements Email NLRB Quickie Election Rules Unions

NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Recently, an Administrative Law Judge (ALJ) with the National Labor Relations Board found that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee for informing a co-worker that the...more

8/17/2015 - ALJ Employee Handbooks Employment Policies Hiring & Firing Insubordination Policy NLRA NLRB Willful Misconduct

Court of Appeals Rebukes NLRB: “Common Sense” Allows Employer to Prohibit Employees from Wearing “Prison Shirts”

Eschewing legal niceties in favor of common sense, the U.S. Court of Appeals for the District of Columbia Circuit recently ruled that AT&T did not violate federal labor law when it prohibited its employees from wearing...more

7/20/2015 - Appeals AT&T Communication Workers of America NLRA NLRB Special Circumstances Doctrine Unions Workplace Attire

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

For nearly 40 years, the National Labor Relations Board has followed a bright-line rule pursuant to which an employer is privileged to withhold witness statements from unions. In its 1978 Anheuser-Busch Inc. decision, the...more

7/7/2015 - American Baptist Anheuser-Busch Canning v NLRB Corporate Counsel Discovery NLRA NLRB Popular Unions Witness Statements

NLRB’s “Quickie Election” Rules Survive Court Challenge

On Monday, a federal court in Texas rejected a challenge to the NLRB’s final rules regarding representation elections, finding the rules do not violate the National Labor Relations Act (NLRA) or the Administrative Procedures...more

6/4/2015 - Administrative Procedure Act Ambush Election Rules Corporate Counsel Employer Mandates Final Rules NLRB Union Elections

Time for a Change? NLRB to Review Multi-Employer Bargaining Unit Rules

Employers routinely supplement their regular workforces with temporary employees supplied by another employer, typically a staffing agency. Under current National Labor Relations Board law, a union can organize a bargaining...more

5/28/2015 - Corporate Counsel Employee Rights NLRB Unions

NLRB Continues to Expand Employee Protections Under Federal Labor Law

In Sabo, Inc. the National Labor Relations Board (Board) found that the employer, a vending machine company, violated the National Labor Relations Act (NLRA) when it fired an employee who had expressed concerns about job...more

5/20/2015 - Employee Rights NLRA NLRB Protected Concerted Activity Wage and Hour Wrongful Termination

NLRB Punishes Employer for Past Unlawful Handbook Policies Despite Employer’s Attempt to Repudiate

In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were...more

5/8/2015 - Corporate Counsel Dress Codes Employee Handbooks NLRB Protected Concerted Activity Section 7 Social Media Policy

Are You Ready? NLRB Ambush Election Rule Effective Today

Tuesday, the National Labor Relation Board’s new “quickie” or “ambush” election rule takes effect and alters nearly every stage of the Board’s representation election procedures. Although legal challenges to the rule are...more

4/15/2015 - Ambush Election Rules NLRB Union Elections Unions

NLRB Finds Employee’s Extremely Profane Facebook Post was Protected Concerted Activity

The National Labor Relations Board recently demonstrated how far it will go to protect employees in the name of protected concerted activity. In Pier Sixty, LLC, an employee took to Facebook to call his manager a...more

4/14/2015 - Facebook NLRA NLRB Offensive Language Pier Sixty LLC Popular Protected Concerted Activity Social Media Young Lawyers

NLRB Offers Guidance on Employer Handbook Policies

Over the past several years, employers have struggled to reconcile handbook and other personnel policies with decisions of the National Labor Relations Board. Drawing lines more nice than obvious, the NLRB has invalidated...more

3/24/2015 - Employee Handbooks New Guidance NLRA NLRB

NLRB Division of Advice Finds No Weingarten Rights in Vehicle Search

Last week, the National Labor Relations Board’s Division of Advice issued a Memorandum finding that an employer’s search of a company vehicle regularly driven by an employee did not trigger the employee’s Weingarten rights....more

3/4/2015 - Disciplinary Proceedings Marijuana NLRB Union Representatives Weingarten Rights Workplace Investigations

NLRB Imposes Extreme Remedies on Repeat Offender

Recently, the National Labor Relations Board found that HTH Corporation had committed multiple violations of the National Labor Relations Act and went to extraordinary lengths to craft a remedy for the employer’s “egregious...more

11/6/2014 - Employee Rights NLRA NLRB Unfair Labor Practices

NLRB Expands the Boundaries of Employee Protest; Limits Employers’ Discipline Rights

Last week, the NLRB addressed whether, and to what extent, employees can criticize their employer in public. In MikLin Enterprises, the Board held 2-1 that a Jimmy John’s franchisee violated Section 8(a)(3) of the National...more

8/29/2014 - Adverse Employment Action Employee Rights Employer Liability Issues Franchises NLRA NLRB Protected Concerted Activity

Employer’s Discharge of Employees Did Not Violate Bargaining Obligations under NLRB’s Alan Ritchey Decision

Under the National Labor Relations Board’s 2012 Alan Ritchey decision, an employer generally must bargain with a newly-certified union before imposing certain discipline, including a suspension, demotion, or discharge, where...more

6/18/2014 - Employer Liability Issues NLRA NLRB Unions

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