Mark Theodore

Mark Theodore

Proskauer Rose LLP

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NLRB: Employee’s Outburst In Calling Manager “Trouble” Not So Egregious As To Render Conduct Unprotected

A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.”...more

7/1/2013 - Hiring & Firing NLRA NLRB Protected Concerted Activity Termination

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The Act

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback...more

3/15/2013 - Employee Handbooks NLRA NLRB Protected Concerted Activity Unions

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and...more

12/28/2012 - Collective Bargaining Facebook Hispanics United of Buffalo NLRB Protected Concerted Activity Social Media Social Media Policy Unions Witness Statements Work Product Privilege

Court of Appeals Rules Employee Efforts To Take Over Editorial Control At Newspaper Unprotected By NLRA

An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are unprotected. But what about when...more

12/20/2012 - Free Speech NLRA NLRB Protected Concerted Activity Section 7

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