Discipline Unions

News & Analysis as of

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel, and human resources professionals throughout California and the County always...more

The Deflategate Drama: A Win for the Patriots Scores a Touchdown for Arbitration

The “Deflategate scandal,” in which the New England Patriots, and in particular their star quarterback, Tom Brady, were accused of deflating footballs beneath the required PSI (12.5-13.5 psi) to somehow gain an advantage over...more

D.C. Circuit Releases Employer From NLRB Jail

We have frequently commented on the National Labor Relations Board’s (NLRB) expansion and creation of sweeping protections to employees engaging in union organizing and other activities protected under the National Labor...more

AT&T “Prisoners” Can’t Escape Common Sense: D.C. Circuit Shackles NLRB T-shirt Decision

In a refreshing decision for employers, the D.C. Circuit Court of Appeals earlier this month tossed an eyebrow-raising NLRB decision which permitted AT&T customer-facing and publicly visible technicians to wear faux prison...more

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more


WTF already?! As in, “where’s the fairness?” Time for an acronym update from our favorite government acronym, the NLRB. You will certainly remember that we have recommended asking yourself three questions before determining...more

NLRB In ConAgra Ruling Signals What May Be Solicitation

The National Labor Relations Board recently decided that discipline of an employee for violation of the employer’s nonsolicitation policy was unlawful, even though the employee engaged in union-related discussion and the...more

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

NLRB Gets Busy – Part 1 NLRB Departs From Decades Of Precedent

The close of 2012 brought a flurry of activity by the National Labor Relations Board and the Board has not slowed down in the New Year. Several of the Board’s recent decisions mark significant departures from decades of...more

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