Christopher A. Johlie

Christopher A. Johlie

Franczek Radelet P.C.

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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

NLRB Bails On Notice Posting Rule; May Reconsider “Quickie Election” Rule?

Earlier this week, the National Labor Relations Board issued a statement that it would no longer pursue its appeal of two federal court decisions striking down its “notice posting” rule. ...more

1/9/2014 - Employee Rights NLRA NLRB Notice Requirements Posting Requirements Quickie Election Rules

Update: Illinois Concealed Carry Notice Now Available

Earlier this summer, we reported that Illinois enacted the Firearm Concealed Carry Act, which allows individuals with a special permit to carry a concealed firearm in public. The law provides, however, a long list of...more

10/29/2013 - Concealed Carry Permit Concealed Weapons Gun Laws

Illinois’ New Firearm Concealed Carry Law Impacts the Workplace

The Illinois state legislature held a special session last week to override Illinois Governor Pat Quinn’s recent veto of the Firearm Concealed Carry Act, enacting the bill into law. ...more

7/18/2013 - Concealed Carry Permit Concealed Weapons Employer No-Weapons Policies Gun Laws Workplace Hazards

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

5/17/2013 - Barack Obama NLRB Recess Appointments

NLRB Division Of Advice Provides Guidance To Employers On Workplace Investigation Policies

In Banner Health Systems, the National Labor Relations Board ruled that an employer violates Section 7 of the National Labor Relations Act when it maintains a blanket policy that prohibits employees from discussing workplace...more

4/30/2013 - Banner Health System Confidential Employer Investigations NLRA NLRB

As May Approaches, No Sign Of Persuader Rules From Department Of Labor

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

4/29/2013 - DOL Filing Requirements LMRDA Proposed Regulation Reporting Requirements

NLRB Continues to Expand Specialty Healthcare Bargaining Unit Standard And Upholds Smaller Bargaining Unit Despite Union’s Prior...

In its 2011 decision in Specialty Healthcare, the National Labor Relations Board changed the test it uses to determine bargaining unit appropriateness. We reported on Specialty Healthcare for the American Bar Association and...more

4/8/2013 - Healthcare NLRB Specialty Healthcare

National Labor Relations Board Adds To Facebook Jurisprudence; Finds Posts To Be Protected, Concerted Activity

The National Labor Relations Board issued its first social media decision in September. Last week, the NLRB issued another social media decision in a case involving employees’ Facebook comments and an employer’s right to...more

12/28/2012 - Facebook Hiring & Firing Hispanics United of Buffalo NLRA NLRB Protected Concerted Activity Section 7 Social Media Termination

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