Ronald Meisburg

Ronald Meisburg

Proskauer Rose LLP

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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

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

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

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

NLRB Advice Memo Pulls Together Principles Applied in Evaluating Employer Work Rules and Social Media Policies

A 2012 Advice Memo from the National Labor Relations Board’s (“NLRB”) General Counsel was recently publicly released in response to a Freedom of Information Act request....more

7/24/2013 - Advisory Opinions Employer Liability Issues Employer Mandates NLRA NLRB Social Media Social Media Policy

Third Circuit Holds Former NLRB Member Becker’s Recess Appointment Invalid, Vacates NLRB Decision Made In August, 2011

The United States Court of Appeals for the Third Circuit has held that the President’s recess appointment power is limited to intersession recesses, i.e., those recesses which occur (if they occur at all) between sessions of...more

5/17/2013 - NLRA NLRB Recess Appointments

DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

5/14/2013 - Free Speech NLRA NLRB Notice Requirements Posting Requirements Quorum Statute of Limitations

General Counsel’s Division of Advice Issues Helpful Guidance on Confidentiality Rules in Workplace Investigations

As we reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during...more

4/24/2013 - Banner Estrella Medical Center Banner Health System Confidential Employer Investigations NLRA NLRB Protected Concerted Activity

The End of an Error

Unnoticed and with no fanfare, the Board brought the two member era to a close with its adoption of the last of the two member Board decisions, The Fremont-Rideout Health Group, 359 NLRB No. 51 (January 15, 2013)....more

2/14/2013 - Collective Bargaining Fremont-Rideout NLRA NLRB Unions

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