Patrick Scully

Patrick Scully

Sherman & Howard L.L.C.

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Employees May Use Email For Union Activity

The NLRB says its 2007 decision in Register Guard was “clearly incorrect.” Employers cannot prohibit employee use of employer email for union and other protected communications. In other words, employer policies that...more

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

NLRB “Modernizes” Procedures

The NLRB has adopted comprehensive changes to the procedures for representation elections under the NLRA. Some changes, such as the ability to file documents electronically, clearly bring Board election procedures into this...more

12/15/2014 - Final Rules NLRB Quickie Election Rules

NLRB Rejects Opportunity

On September 30, 2014, the NLRB rejected the opinion of the District of Columbia Circuit in FedEx Home Delivery v. NLRB, 563 F.3d 492 (D.C. Cir. 2009) and found that an individual’s entrepreneurial opportunity for gain or...more

10/6/2014 - Delivery Drivers Employee Definition Employer Liability Issues FedEx Independent Contractors NLRB Union Membership

The Supreme Court Unanimously Strikes Down NLRB Recess Appointments

The Supreme Court yesterday issued the long-anticipated decision in NLRB v. Noel Canning, unanimously affirming the D.C. Court of Appeals’ decision declaring President Obama’s recess appointment of NLRB Members Griffin,...more

6/27/2014 - Canning v NLRB NLRA NLRB Recess Appointments SCOTUS

Northwestern Football Players Are Employees

In a decision that could affect every private collegiate athletic department in the county, the Regional Director of the Region 13 of the NLRB has found scholarship football players at Northwestern University to be employees....more

3/27/2014 - College Athletes NLRB Unions

The NLRB Reissues “Ambush” Election Rules

On February 5, 2014, the National Labor Relations Board (“NLRB”), acting this time with a full quorum, reissued its highly controversial 2011 changes to representation election rules. The proposed changes are the same as...more

2/10/2014 - Ambush Election Rules NLRB Union Elections Unions

The NLRB Creates A New Defense

A federal district court in Washington has struck down an NLRB petition for a Section 10(j) injunction because the NLRB lacked a valid quorum at the time the petition was authorized. In Hooks v. Kitsap Tenant Support...more

9/13/2013 - Injunctions NLRB Quorum Recess Appointments

D.C. Circuit Finds NLRB Recess Appointments Unconstitutional

In a stunningly positive development for employers, the District of Columbia Circuit Court of Appeals today struck down the Obama Administration's purported recess appointments of three members of the five-member National...more

1/30/2013 - Barack Obama Canning v NLRB NLRB Pro Forma Sessions Recess Appointments

Union Allowed to Invade Sales Floor

In Fred Meyer Stores, Inc., the National Labor Relations Board (NLRB) found that the retail store and the union had a "past practice" of allowing one or two union representatives to visit employees on the sales floor for "a...more

1/8/2013 - Collective Bargaining NLRB Unions

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