Ronald Meisburg

Ronald Meisburg

Proskauer Rose LLP

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Reading the NLRB Signs at the Triple Play Sports Bar

In Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31. (August 22, 2014), the National Labor Relations Board ruled that an employee “liking” a status on Facebook is engaging in protected concerted...more

9/9/2014 - Compliance First Amendment NLRA NLRB Protected Concerted Activity Restaurant Industry

NLRB Divides Sharply on Employee Concerted Activity for “Mutual Aid or Protection”

In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the...more

8/19/2014 - Employer Liability Issues Fresh & Easy NLRA NLRB Protected Concerted Activity Sexual Harassment Title VII

ALJ Declares NLRB’S Dues Checkoff Termination Decision a Dead Letter

In WKYC-TV, Inc., 359 NLRB No. 30 (2012), the NLRB overruled 50 years of precedent under Bethlehem Steel, 136 NLRB 1500 (1962), and held that going forward, employers could not unilaterally end dues checkoff at the expiration...more

8/14/2014 - Bethlehem Steel Collective Bargaining NLRA NLRB Union Dues Unions

NLRB Work Rule Decisions Continue to be a Mixed Bag

As the NLRB continues to wade through the pool of issues arising from social media policies and other workplace rules, an Administrative Law Judge’s recent decision in Cellco Partnership d/b/a Verizon Wireless (July 25, 2014)...more

8/12/2014 - Employer Liability Issues Employment Policies NLRB Social Media Social Media Policy

Department Store Units Decided Under Specialty Healthcare

This week the NLRB decided two cases involving union organizing in large department stores. In each case an NLRB regional director applied the Board’s Specialty Healthcare test to determine whether the bargaining unit...more

8/4/2014 - Bargaining Units Healthcare Macy's NLRA NLRB Specialty Healthcare Unions

Bubba Gump Shrimp’s Social Media Policy Passes Muster, ALJ Says

In Landry’s Inc., Case No. 32-CA-118213 (June 26, 2014), an NLRB Administrative Law Judge (ALJ) found a social media rule concerning its wholly owned subsidiary, Bubba Gump Shrimp Co. Restaurants, Inc., to not violate the...more

7/3/2014 - ALJ Employee Rights Employer Liability Issues Employment Policies NLRB Social Networks

Old Fashioned Protected Concerted Activity Stirred Up With A Twist

A recent NLRB ALJ decision illustrates the old and the new under the National Labor Relations Act (“Act”). The case is Gates & Sons Barbeque of Missouri, Inc. and Workers’ Organizing Committee, Kansas City, No. 14-CA-110229...more

6/19/2014 - Employee Rights NLRA NLRB Protected Concerted Activity Resorts & Restaurants Restaurant Industry

NLRB Administrative Law Judge Rulings on Work Rules and Social Media Policies Continue to Perplex

The NLRB may be getting #SocialMedia, but confusion concerning employer work rules and social media policies became obvious yet again in Professional Electrical Contractors of Connecticut (June 4, 2014). In this decision, ALJ...more

6/16/2014 - Contractors Corporate Counsel Electricity NLRA NLRB Social Media Social Media Policy

NLRB Gets #SocialMedia: Board and ALJ Rulings Recap

‘April rulings bring May muddling’ might be a better way to tweet recent social media decisions at the National Labor Relations Board (NLRB) given the Board’s ruling in Durham School Services (April 25, 2014) and an...more

5/7/2014 - Employee Handbooks Employee Rights Employment Policies NLRB Section 7 Social Media Social Media Policy

Employer Email Policies on Chopping Block as General Counsel Seeks to Overrule Register Guard and Board Calls for Amicus Briefs

In a development of importance to both union and non-union employers, the NLRB General Counsel has asked the NLRB to overrule its 2007 decision in Register Guard, 351 NLRB 1110 (2007). In Register Guard, the Board had held...more

5/2/2014 - Email Employee Rights NLRA NLRB Register Guard Unions

Advice, Anyone?

The NLRB General Counsel has issued a memorandum setting out those cases and issues he wants sent from the regional offices to the Division of Advice in Washington, DC. The Division of Advice, as the name suggests, is the arm...more

2/27/2014 - NLRB

Is Deferral to Labor Arbitration Awards in Jeopardy?

The National Labor Relations Board has issued a press release announcing its intention to revisit precedent created under a pair of Board decisions nearly 59 and 30 years old, respectively. The precedent involves under what...more

2/11/2014 - Arbitration Arbitration Awards Deferred Action NLRB

They’re Ba-ack: NLRB to Re-Propose Election Regulations

As expected, the NLRB has announced that it is again proposing regulations to amend its representation case election procedures. A copy of the Notice of Proposed Rulemaking submitted to the Federal Register for publication...more

2/5/2014 - Election Laws NLRB

NLRB ALJ Says That Under D.R. Horton, Actions Speak As Loudly as Words

A few weeks ago, we posted about the Fifth Circuit’s decision in the D.R. Horton case and the NLRB’s doctrine of non-acquiescence. As you will recall, in D.R. Horton, the NLRB held that an employer violates the right of...more

1/22/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton D.R. Horton v NLRB Federal Arbitration Act NLRB Non-Acquiescence

Noel Canning Oral Argument: Justices Express Skepticism

My experience is that oral arguments, while often interesting, rarely open much of a window into exactly how a court will actually decide the case. Today’s Supreme Court argument in NLRB v. Noel Canning may be an exception....more

1/14/2014 - Canning v NLRB NLRB Recess Appointments SCOTUS

The NLRA Rights Poster Lives on Through Other Means

The NLRB’s decision not to pursue Supreme Court review in the NLRA rights poster cases (which, depending on what happened behind the scenes, may have in reality been a decision by the Solicitor General of the United States)...more

1/10/2014 - National Association of Manufacturers NLRA NLRB Posting Requirements Unions

D.R. Horton and the Doctrine of Non-Acquiescence

Today’s decision by the U.S. Court of Appeals for the Fifth Circuit in D.R. Horton, Incorporated v. National Labor Relations Board, is a victory for employers who seek to chanel work related disputes (other than NLRB charges)...more

12/4/2013 - Arbitration Class Action D.R. Horton D.R. Horton v NLRB NLRA NLRB Non-Acquiescence

Griffin Confirmed as NLRB General Counsel

The United States Senate has confirmed Richard Griffin to be General Counsel of the National Labor Relations Board, giving the Board its first confirmed General Counsel in over three years, probably the longest time that the...more

10/30/2013 - NLRB Richard Griffin

Furloughed NLRB Employees Return to Work — Will GC Nominee Griffin be Next?

On the same day that furloughed federal government employees are returning to work, it is being reported that a roll call vote will be scheduled in the Senate to invoke cloture (i.e., end debate) on the nomination of Richard...more

10/18/2013 - Corporate Counsel NLRB Nominations Political Appointments Richard Griffin

NLRB Closed Per Request?

Give the government long enough, and eventually it responds to the will of the people. In 2007 pickets demanded that the National Labor Relations Board be closed. You can see the picture here. Now, a few years later, these...more

10/3/2013 - Government Shutdown NLRB

I Just Want to Testify

I had the opportunity last week to testify before the U.S. House of Representatives Committee on Education and the Workforce, Subcomittee on Health, Education, Labor and Pensions. The subject of my testimony was “What to Look...more

9/25/2013 - NLRA NLRB Testimony

Opening Salvo

The NLRB has filed its opening Supreme Court brief in the Noel Canning case, in which the validity of the President’s January, 2012 recess appointments of former, putative NLRB members Richard Griffin and Sharon Block are at...more

9/17/2013 - Canning v NLRB NLRB Recess Appointments Richard Griffin SCOTUS Sharon Block

Overtaken by Events

A few weeks ago we blogged about consolidated cases pending in the U.S. Court of Appeals for the District of Columbia Circuit, in which the petitioners were seeking writs of mandamus or prohibition, to stop the NLRB from...more

8/20/2013 - Canning v NLRB NLRB Writ of Mandamus

Sixth Circuit Upholds Board’s Decision in Specialty Healthcare

In the first judicial challenge to the NLRB’s Specialty Healthcare decision, the U.S. Court of Appeals for the Sixth Circuit has upheld the Board....more

8/16/2013 - Bargaining Units Healthcare NLRB Specialty Healthcare

No Surprises in Senate Committee Hearing on NLRB Nominees, Part II

As in the previous hearing on NLRB nominees, today’s hearing on two new nominees – Nancy Schiffer and Kent Hirozawa – went off about as expected....more

7/24/2013 - Kent Hirozawa Nancy Schiffer NLRB Nominations

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