Neil S. Goldsmith

Neil S. Goldsmith

Franczek Radelet P.C.

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NLRB Administrative Law Judge Expands D.R. Horton; Strikes Down Arbitration Agreement With Opt-Out Provision

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

12/2/2013 - Arbitration Arbitration Agreements Class Action D.R. Horton D.R. Horton v NLRB Employer Liability Issues NLRB Opt-Outs

Sixth Circuit Enforces NLRB’s Controversial Specialty Healthcare Decision

In its 2011 decision in Specialty Healthcare, the National Labor Relations Board changed the test it uses to determine bargaining unit appropriateness. ...more

8/21/2013 - NLRB Overwhelming Community of Interest Specialty Healthcare Unions

President Obama Proposes Funding Increases For Labor And Employment Agencies In FY2014 Budget

On April 10, President Obama unveiled his $3.78 trillion proposed budget for FY2014. The proposed budget included funding increases for several agencies charged with administering and enforcing the nation’s major labor and...more

4/29/2013 - Barack Obama DOL EEOC Federal Budget FLSA NLRB

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 Multiple Bargaining Units NLRB Specialty Healthcare

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

2/28/2013 - ALJ Back Pay Canning v NLRB Confidentiality Agreements Hiring & Firing NLRA NLRB Non-Union Protected Concerted Activity Reinstatement

NLRB Overrules Longstanding Precedent, Provides Opportunity For Unions To Obtain Confidential Witness Statements Used In Internal...

Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its...more

1/4/2013 - Confidential Documents Internal Investigations NLRB Unfair Labor Practices Unions Witness Statements

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

At Year’s End, Pending NLRB Decisions Weigh Heavily On Higher Education

A trio of cases currently pending before the National Labor Relations Board (NLRB) could drastically affect employment relationships within higher education. At stake in all three cases are members of the university...more

12/10/2012 - NLRB Unions

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