News & Analysis as of

Right to Union Representation Applies to Employer Referrals for Drug and Alcohol Tests, NLRB Rules

The National Labor Relations Board ("Board"), in its July 31, 2014 decision in Ralph's Grocery Co., 361 NLRB No. 9 (2014), ruled that so-called "Weingarten rights" – the general right of a unionized employee to request union...more

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to 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

Union Asks Court To Initiate Safety Prosecution Against Employer

A union has taken the unusual step of asking the Federal Court to order the federal Minister of Labour to prosecute a company for alleged safety violations....more

Employment And Labor Law Alert: The National Labor Relations Board Changes Course - Witness Statements Obtained During Workplace...

Until recently, the National Labor Relations Board's decision in Anheuser-Busch, 237 NLRB 982 (1978), was clear: employers were not obligated to provide witness statements collected during workplace investigations to the...more

NLRB Overrules Anheuser-Busch: Witness Statements Now Subject to Disclosure

Last year, we notified you here that the National Labor Relations Board will now consider a general employer rule requiring confidentiality during an internal investigation into an employee complaint to be an unfair labor...more

As 2012 Ends, So Does the NLRB's Longstanding Bright-Line Rule Protecting Witness Statements from Disclosure

As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old...more

NLRB Overrules Longstanding Precedent, Provides Opportunity For Unions To Obtain Confidential Witness Statements Used In Internal...

Since 1978, employers had not been required to disclose witness statements provided in internal investigations to unions deciding whether to pursue various grievances. All that changed last week when the NLRB overturned its...more

Mum's Not Necessarily the Word: NLRB Complicates Employers' Internal Investigations

In a ruling that affects both union and non-union employers, the National Labor Relations Board held that an employer must establish a specific legitimate business justification for requiring employees to maintain...more

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