National Labor Relations Board Unions

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
News & Analysis as of

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

NLRB atypically 'gets it right' in latest ruling on social media

One of the topics from our recent “Eye on Workplace Privacy” seminar was the focus on how the NLRB has been dealing with employer handbook and social media policies. In that segment, we highlighted how the NLRB at times has...more

House Subcommittee Critiques Aggressive Agenda at National Labor Relations Board

Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National Labor Relations Board?”...more

NLRB General Counsel Says Employees Have Right to Use Employer E-Mail Systems for Union Organizing

On Monday, the National Labor Relations Board’s General Counsel filed a brief asking the Board to rule that employees have a protected right to use their employer’s internal e-mail system for union organizing. The Board’s...more

Employer’s Discharge of Employees Did Not Violate Bargaining Obligations under NLRB’s Alan Ritchey Decision

Under the National Labor Relations Board’s 2012 Alan Ritchey decision, an employer generally must bargain with a newly-certified union before imposing certain discipline, including a suspension, demotion, or discharge, where...more

NLRB ALJ Rules That An Interim Grievance Procedure Does Not Require An Arbitration Option

In a decision issued last week, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board (“NLRB”) ruled that an interim grievance procedure between an employer and a newly-certified union did not have to...more

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

Employers’ Right to Restrict Non-Employees’ Access to Their Property

Can Non-Employees Be Denied Access to Employers’ Property? Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more

"Busted" by Buttons — When Union Propaganda May Be Permitted in Patient Care Areas

Nurses and other health care workers are usually allowed to wear pro union buttons, stickers and other insignia at work absent special circumstances. However, one area of health care facilities, such as hospitals, where...more

Healthcare Employers Must Be Consistent When Restricting Union Buttons and Other Insignia

The National Labor Relations Board ("NLRB" or "Board") recently held that a healthcare employer violated the National Labor Relations Act (NLRA) by prohibiting employees from wearing union protest stickers. See HealthBridge...more

Despite an Appellate Remand, the NLRB Allows an Ad Hominem Attack on an Employer

In its recent 2-1 decision in Plaza Auto Center, Inc., 360 NLRB No.117 (May 28, 2014), the National Labor Relations Board again demonstrated its pro-employee bias and its willingness to twist a circuit court mandate and facts...more

Employers Involved in Union Campaigns Must Remain Vigilant to Avoid Rerun Elections

Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations occurring during the...more

NLRB Finds Health Care Employer Unlawfully Removed Union Flyers and Prohibited Employees From Wearing Union Insignia

On May 22, 2014, the National Labor Relations Board (NLRB) issued its decision in Healthbridge Management, finding that Healthbridge Management, LLC violated the National Labor Relations Act (NLRA) by removing flyers from...more

NLRB Division of Advice Clarifies Duty to Bargain with Newly Certified Union over Discipline

Last week, the National Labor Relations Board’s Division of Advice issued a memorandum in which it clarified an employer’s duty to bargain with a newly certified union regarding the discipline of union-represented employees...more

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

NLRB To Determine If Employees Have A Statutory Right To Use Employers' Email And Other Communications Systems For Union...

The National Labor Relations Board (NLRB) has invited the public to file amicus ("friend of the court") briefs by June 16, 2014 addressing whether employees have the statutory right to use employers’ email and other...more

“Top 10 Signs of Union Activity”

On April 1, the South Carolina Chamber of Commerce invited top labor lawyers from the Southeast to talk frankly about union activities and their possible impacts on South Carolina’s manufacturing facilities. The forum, held...more

The Changing Faces of Unions

While union membership has declined precipitously over the last few decades, union activity is now popping up in many new sectors. From 1983 to 2013, according to the Department of Labor, union membership dropped from over...more

OSHA and the NLRB Offer Safety Whistleblower Plaintiffs a Second Bite of the Apple by Resurrecting Untimely Whistleblower Claims

In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to...more

Unionized Employers: Review the Wage Provisions in Your Collective Bargaining Agreements

Employers face many headaches in a unionized workplace, but one supposed benefit of a union is that it streamlines procedures across large groups of employees. The employer can look to the collective bargaining agreement to...more

Coming to Your Workplace Soon? Union Organizing Efforts Via the Company’s Email System

In late 2007, the Bush-era National Labor Relations Board issued what has since simply become known as the Register Guard decision. In that decision, a divided Board (along political lines) held that employees have no...more

Companies Acquiring Unionized Businesses Face Increased Scrutiny by the NLRB

Companies acquiring unionized businesses are likely to face increased scrutiny from the National Labor Relations Board (“Board”). On May 9, 2014, NLRB General Counsel Richard F. Griffin, Jr., issued a memorandum instructing...more

Restaurant Industry Alert - Fast Food Strikes Announced For Global Workforce

Executive Summary: In an attempt to draw attention to their ongoing efforts to raise the minimum wage to $15 per hour, union organizers have announced another walkout/strike for May 15th....more

Commercial Developers and Unions’ “Political Pull”

Threat to File a Formal Proceeding Seeking State Action - Commercial developer (Developer) is developing a shopping center in X Township (Township). Developer is considering non-union general contractor (Non-U) to...more

Latest NLRB Ruling Further Limits Employers' Control of Off-Duty Employees' Access to the Workplace

The National Labor Relations Board (the "Board" or NLRB) ruled on May 1, 2014, that an employer violated Section 8(a)(1) of the National Labor Relations Act (the "Act") by maintaining a work rule prohibiting employees from...more

253 Results
|
View per page
Page: of 11