David Burton on NLRB

Tales From the NLRB: Unfair Labor Practices May Result in Order to Bargain with Union

On August 25, 2023, the National Labor Relations Board (Board), upended almost 50 years of precedent by deciding in Cemex Construction Materials Pacific, LLC (Cemex) that an employer who commits an Unfair Labor Practice (ULP)...more

9/1/2023 / Collective Bargaining , Labor Relations , NLRA , NLRB , Unfair Labor Practices , Union Elections , Unions

New NLRB Published Rule Changes Union Election Procedures

For the third time in a decade the National Labor Relations Board (“NLRB” or “Board”) has again changed the procedural rules that affect the processing of union election petitions and the length of time between the filing of...more

8/28/2023 / Ambush Election Rules , Final Rules , Labor Regulations , NLRB , Quickie Election Rules , Union Elections , Unions

Tales from the NLRB: Work Rules May Be Presumptively Unlawful

In a case of déjà vu all over again, on August 2, 2023, the National Labor Relations Board (Board) returned to the Obama era ruling that facially neutral work rules may be per se violative of Section 7 of the National Labor...more

8/4/2023 / Employee Handbooks , Employee Rights , Employer Liability Issues , Employment Policies , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

6/2/2023 / Employer Liability Issues , Federal Trade Commission (FTC) , New Guidance , NLRA , NLRB , NLRB General Counsel , NPRM , Section 7 , Unfair Labor Practices , Unions

Tales From the NLRB: More Remedies More Often

On April 20, 2023, the National Labor Relations Board (Board) committed itself to imposing more remedies more often when dealing with parties “who have shown a proclivity to violate the National Labor Relations Act (NLRA) or...more

4/25/2023 / Collective Bargaining , Employee Rights , Employer Liability Issues , Labor Regulations , Labor Relations , NLRA , NLRB , Remedies , Unfair Labor Practices , Unions

Tales from the NLRB: When Terminating an Employee, Confidentiality and Non-Disparagement Provisions Are ULPs

The National Labor Relations Board (Board), in a bold move on February 21, 2023, decided that employers commit an unfair labor practice act (ULP) under the National Labor Relations Act (NLRA) when they merely offer severance...more

2/27/2023 / Confidentiality Agreements , Contract Terms , Hiring & Firing , NLRA , NLRB , Non-Disparagement Provisions , Section 7 , Severance Agreements , Termination

The New NLRB Overturns Controversial Handbook Rules and Joint Employer Standards

A stark break with precedent for the National Labor Relations Board, first signaled by the Republican-appointed General Counsel Peter Robb two weeks ago in an advice memorandum (GC 18-02), came to fruition this week. With a...more

12/18/2017 / Employee Handbooks , Joint Employers , NLRA , NLRB , Reversal , Unions

New NLRB Election Rules Drastically Change the Playing Field

On April 15, 2015, the National Labor Relations Board’s “ambush election” rules became effective, and going forward any representation petitions filed by unions will be subject to the new rules, which drastically expedite the...more

5/13/2015 / Ambush Election Rules , NLRB , Popular , Unions

In Key Reversal, Board Grants Email Rights to Employees

In a reversal of its Bush-era decision, a divided National Labor Relations Board has ruled that employees generally have a right to use their employer’s email systems for union organizing and other protected purposes....more

12/15/2014 / AFL-CIO , Email , NLRB , Protected Concerted Activity , Purple Communications , Unions

No Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers

On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has...more

6/30/2014 / Administrative Appointments , Barack Obama , Canning v NLRB , NLRB , Political Appointments , Recess Appointments , SCOTUS

In Rebuff to Labor Board, Fifth Circuit Sustains Arbitration Agreements with Class Action Waivers

In recent years, employers have faced increased, and increasingly expensive, class action litigation from current and former employees. In response, many employers have turned to arbitration agreements with class-action...more

12/6/2013 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Collective Actions , D.R. Horton , D.R. Horton v NLRB , Federal Arbitration Act , NLRA , NLRB

David Burton

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