As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more
7/31/2024
/ Blocking Statutes ,
Collective Bargaining ,
Construction Workers ,
Employer Liability Issues ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions
On July 9, 2024, the U.S. Court of Appeals for the Fifth Circuit took the latest step in a continuing controversy about when obscenity or other misconduct by a worker, while raising otherwise protected job complaints,...more
7/25/2024
/ Corporate Counsel ,
Disciplinary Proceedings ,
Employee Misconduct ,
Employer Liability Issues ,
General Motors ,
Labor Law Violations ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices
Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more
4/16/2024
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
NLRA ,
NLRB ,
Statutory Interpretation ,
Surveillance ,
Unfair Labor Practices ,
Unions
On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115. Cemex involved allegations...more
On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an...more
4/26/2023
/ Administrative Law Judge (ALJ) ,
Bad Faith ,
Collective Bargaining ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Unfair Labor Practices ,
Unions
After a year of consideration including amicus briefs on the matter, the National Labor Relations Board (Board) revived another Obama-era precedent in a decision issued December 14, 2022. In American Steel, 372 NLRB No. 23,...more