Proskauer - Labor Relations

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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 NLRA…more
| Administrative Law, Labor & Employment Law

General Counsel Office Advocates Dramatic Change to Joint Employer Standard

Earlier this year, in the case of Browning –Ferris Industries of California, Inc., 32-RC-109684, the NLRB invited parties to submit briefs on whether the Board should change its long-held standards for assessing when two…more
| Commercial Law & Contracts, Labor & Employment Law

Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt

In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in National…more
| Constitutional Law, Elections & Politics, Labor & Employment Law

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
| Civil Rights, Labor & Employment Law

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
| Administrative Law, Labor & Employment Law

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
| Administrative Law, Labor & Employment Law

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 that…more
| Labor & Employment Law

Hail Mary: NLRB Regional Director Holds College Football Players are Employees

On March 26, 2014, Peter Sung Ohr, the Chicago Regional Director of the National Labor Relations Board (“NLRB”) ruled that members of the Northwestern University football team receiving athletic scholarships are employees, and…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

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 of…more
| Labor & Employment Law

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
| Administrative Law, Alternative Dispute Resolution (ADR), Labor & Employment Law

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 can…more
| Civil Procedure, Labor & Employment Law

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
| Administrative Law, Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

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
| Constitutional Law, Elections & Politics, Labor & Employment Law

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
| Labor & Employment Law

A Race to Nowhere: Supreme Court Dismisses Neutrality Agreement Case

Last month, the Supreme Court heard oral argument in UNITE HERE Local 355 v. Mulhall, a case claiming that a neutrality agreement violated § 302 of the Labor-Management Relations Act, 29 U.S.C. § 186, the anti-union bribery…more
| Criminal Law, Labor & Employment Law
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