The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more
5/10/2018
/ Administrative Law Judge (ALJ) ,
Burden-Shifting ,
Contract Negotiations ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Internal Investigations ,
NLRB ,
Property Damage ,
Protected Concerted Activity ,
Right to Picket ,
Strike ,
Unions
As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more
3/15/2018
/ Administrative Law Judge (ALJ) ,
Charging Party ,
Credibility ,
Employer Liability Issues ,
Internal Investigations ,
NLRB ,
Reversal ,
Sexual Harassment ,
Sexual Stereotyping ,
Testimonial Statements ,
Unfair Labor Practices ,
Unions ,
Witness Statements ,
Witnesses
During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more
6/8/2017
/ American Baptist ,
Appeals ,
Arbitration ,
Confidential Employer Investigations ,
Confidentiality Agreements ,
Corporate Counsel ,
Disclosure Requirements ,
Internal Investigations ,
NLRB ,
Retaliation ,
Standing ,
Unions ,
Witness Statements ,
Workplace Investigations
The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board...more
The National Labor Relations Board continued its attack on long established internal investigation best practices with its recent ruling in American Baptist Homes of the West, 359 NLRB No. 46 (December 15, 2012) in which it...more
The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen....more