Proskauer - Labor Relations

DC Circuit: NLRB Acting General Counsel Solomon’s Tenure Violated Vacancy Statute, Unfair Labor Practice Complaint Unauthorized

The political gridlock in Washington DC caused several years of tumult at the NLRB, spawning two Supreme Court decisions (Noel Canning and New Process Steel) and several courts of appeals decisions regarding the Board’s ability…more
| Administrative Law, Civil Procedure, Labor & Employment Law

NLRB Refuses to Approve Withdrawal of Charges Despite Settlement of Class Action Case

We know that, among many other common employer policies, the NLRB considers many mandatory arbitration agreements to be unlawful, particularly where they prohibit class or collective actions. See Murphy Oil USA, Inc., 361 NLRB…more
| Administrative Law, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

Union Represented Employee Not Entitled To Co-Worker Witness During Investigatory Interview, NLRB Rules

The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board cases…more
| Administrative Law, Labor & Employment Law

Regional Director Issues First Post-Pacific Lutheran Decision

It did not take long for the fallout from the NLRB’s Pacific Lutheran University decision to begin. That decision, issued on December 16, 2014, announced new standards for (1) exercise of NLRB jurisdiction over…more
| Education, Labor & Employment Law

Search Of Company Vehicle Not Employee Interview Triggering Weingarten Rights, NLRB Division of Advice

The scope of a union-represented employee’s right to have a union representative present during an investigatory interview is one of the more interesting areas of labor law. Even though most people who practice labor relations…more
| Labor & Employment Law

NLRB General Counsel Issues Guidance on Deferral to Grievance Arbitration and Settlements

Following the decision of the National Labor Relations Board in Babcock & Wilcox Construction Co., 361 NLRB No. 132 (December 14, 2014), the NLRB General Counsel has issued Memorandum GC 15-02 (February 10, 2015), which provides…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty…more
| Constitutional Law, Education, Labor & Employment Law

NLRB Issues Final Election Rules Revision

As anticipated, the National Labor Relations Board today made public its final revised election rules. The new rules will become effective 120 days following their publication in the Federal Register. The publication date is…more
| Labor & Employment Law

NLRB Reverses Course, Gives Employees Certain Rights to Use Employer’s Email

In a decision that reverses existing case law on employee use of employer email, the National Labor Relations Board (with two members filing separate dissents) has decided that under certain circumstances employees do have the…more
| Labor & Employment Law

No Duty To Bargain Over Discipline During Contract Hiatus, NLRB Division of Advice

The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is getting ready to issue an…more
| Commercial Law & Contracts, Labor & Employment Law

NNU Ebola “Day of Action” Slated for November 12, 2014

Registered nurses in 16 states and the District of Columbia are planning a national “Day of Action” by engaging in strikes, picketing, leafleting, rallies, and candlelight vigils on Wednesday, November 12, in support of demands…more
| Labor & Employment Law, Health

NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the…more
| Administrative Law, Labor & Employment Law

NLRB Imposes Extraordinary, Tough Remedies for Egregious and Pervasive Violations

In a landmark decision, the National Labor Relation Board has imposed an array of extraordinary remedies against an employer for what the NLRB described as “egregious and pervasive violations” of the National Labor Relations…more
| Administrative Law, Civil Remedies, Labor & Employment Law

Ebola and Potential Labor Relations Issues

The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. We recently provided guidance to help employers ensure employee safety while also complying with legal obligations under the Americans…more
| Labor & Employment Law, Health

NLRB Refines Its Test for Independent Contractor Status

The National Labor Relations Board, with one member dissenting, has issued a decision in which it “refines” the test it uses for determining whether it will find individuals performing services for an employer to be employees,…more
| Administrative Law, Labor & Employment Law
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