David P. Phippen

David P. Phippen

Constangy, Brooks, Smith & Prophete, LLP

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Latest Posts › NLRA


Executive Labor Summary - July / August 2016

NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

9/2/2016 - ALJ Confidentiality Agreements Employee Handbooks NLRA NLRB Protected Concerted Activity Section 7

Executive Labor Summary - May / June 2016

NEWS & ANALYSIS - DOL Persuader Rule will not take effect July 1, after court issues preliminary injunction – In the second decision to be issued in the three lawsuits challenging the U.S. Department of Labor’s new...more

7/1/2016 - Collective Bargaining DOL First Amendment LMRDA NLRA NLRB Persuader Rules Quickie Election Rules Regulatory Flexibility Act

Executive Labor Summary - March / April 2016

NEWS & ANALYSIS - DOL’s “Persuader Rule”: Fight on! – As we have previously reported, the U.S. Department of Labor on March 24 issued new regulations that adopt a new interpretation of the "persuader" reporting...more

4/28/2016 - DOL LMRDA NLRA NLRB Persuader Rules Public Employees Reporting Requirements Uber Unions Volkswagen

Executive Labor Summary: 2015 Wrap-Up Edition

U.S. Department of Labor moves forward with new "persuader" regulations, expected in March 2016 - As we have previously reported, the U.S. Department of Labor has long wanted to revise the "persuader" reporting rules under...more

1/7/2016 - Collective Bargaining DOL Flexible Work Arrangements NLRA NLRB Section 7 UAW

Executive Labor Summary - September / October 2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

10/29/2015 - Airlines Auto Manufacturers Bargaining Units Browning-Ferris Industries of California Inc. Casinos Commercial Bankruptcy Donald Trump Employer Liability Issues Fiat Hiring & Firing Hospitals Injunctive Relief Joint Employers NLRA NLRB Preemption Teamsters Union Dues Union Elections United Auto Workers Volkswagen

NLRB Changes Joint Employment Standard, with Far-Reaching Implications for Employers

Last week, the National Labor Relations Board issued its long-awaited ruling in Browning-Ferris Industries and, as expected, changed the standard for determining joint-employer status. If the decision stands, it will...more

8/31/2015 - Control Test Joint Employers NLRA NLRB

Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

8/28/2015 - Administrative Procedure Act Barack Obama Collective Bargaining College Athletes Confidential Witnesses Fifth Amendment First Amendment FLSA Football Internal Investigations Joint Employers NLRA NLRB Northwestern University Pending Legislation Political Debates Protected Concerted Activity Protests Quickie Election Rules Unions Vacancies Act Witness Statements

Executive Labor Summary - April/May 2015

NLRB “quickie election” rule takes effect - On April 6, President Obama vetoed a joint resolution of Congress that sought to block the “quickie election” rule issued by the National Labor Relations Board....more

4/29/2015 - Ambush Election Rules Confidentiality Agreements Cyber Attacks Joint Employers KBR (formerly Kellogg Brown & Root) NLRA NLRB Presidential Veto SEC Unions Wal-Mart

NLRB General Counsel’s report on employee handbook rules provides some guidance . . . but employers may not like it

As we have previously reported, the National Labor Relations Board in recent years has put employee handbooks and policy manuals under a magnifying glass, searching for any provision that might, in its view, violate the...more

3/26/2015 - Employee Handbooks Final Guidance NLRA NLRB

Volkswagen Adopts "European-Style" Labor Engagement Policy for Chattanooga . . . But Will It Stall?

Last week, Volkswagen Group of America announced a "Community Organization Engagement" policy that will allow labor organizations to engage in what the company calls "constructive dialogue" with the company and employees at...more

11/18/2014 - Auto Manufacturers Automotive Industry Bargaining Units NLRA NLRB Popular UAW Union Membership Unions Volkswagen

Executive Labor Summary Executive Labor Summary - September/October 2014

Ebola crisis: the next big organizing issue? - Labor relations are already being affected by the Ebola crisis in the United States. On October 8 and 9, at LaGuardia Airport in New York, approximately 75 non-union...more

10/29/2014 - Airlines Ebola Employee Rights NLRA NLRB Unions

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more

8/28/2014 - Bargaining Units Civil Rights Act Drug Testing Employee Rights Macy's NLRA NLRB Title VII Unions Weingarten Rights

"Blue" Michigan Enacts Right-To-Work Law, and Unions are Seeing Red

Yesterday, amid massive protests in Lansing, Michigan became the 24th right-to-work state. Republican Governor Rick Snyder signed two1right-to-work bills into law, continuing a trend that began earlier this year with Indiana....more

12/13/2012 - NLRA Right to Work Unions

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