Unfair Labor Practices

News & Analysis as of

Michigan Schools Can Demand Removal of Prohibited Subjects From Collective Bargaining Agreements

In Ionia Public Schools v Ionia Education Association, No. 325413 (May 12, 2016), the Michigan Court of Appeals ("COA") affirmed a Michigan Employment Relations Commission ("MERC") decision and order that ruled Michigan...more

Another Day, Another Violation: Board Targets Hospital’s Work Rules Prohibiting Offensive Conduct

Seyfarth Synopsis: Board panel finds hospital’s work rule prohibiting employees from engaging in offensive conduct to be unlawful. In Valley Health System, LLC d/b/a Spring Valley Hosp. Med. Ctr., 363 NLRB No. 178 (May...more

April 2016 Independent Contractor Misclassification and Compliance News Update

This past month involved the settlement of a number of high profile IC misclassification cases. In one case, a federal court gave conditional approval to a $226 million settlement between FedEx and its Ground Division...more

NLRB Regional Director Files a Complaint Alleging that Misclassification of Workers as Independent Contractors is an Unfair Labor...

On April 18, the Regional Director for the National Labor Relations Board (the “NLRB”)’s Los Angeles office issued an unfair labor practice complaint against a transportation company, alleging that the company had...more

Is the NLRB Trying to Make Independent Contractor Misclassification an Unfair Labor Practice?

A Regional Director for the NLRB issued an unfair labor practice complaint on April 18, 2016 alleging that a transportation company “has misclassified its employee-drivers as independent contractors, thereby inhibiting them...more

Social Media Update, Part Two

Social media is a significant and increasingly important part of the employer-employee relationship in many workplaces. Employers use social media to establish their employer brand, and to search for and research candidates....more

Open Discussion of Pending Grievances Permitted At School Board Meetings

Abington Heights School District (Case No. PERA-C-11-221-E) (Pa. LRB 2015) (Decided December 15, 2015). A Pennsylvania Labor Relations Board hearing examiner determined that the District was permitted to openly discuss...more

Check Your Solicitation Policies and How You Apply Them

Most employers prohibit solicitation in the workplace, often not allowing outsiders to come onto company property and prohibiting employees from soliciting their coworkers while they are working. The National Labor Relations...more

NLRB Operations Memo Instructs Regional Offices to Seek Settlements to Address Budget Deficit

On March 9, 2016, the Office of the General Counsel issued an operations memorandum (OM-16-09) to the NLRB’s regional offices directing them to implement cost-saving measures to address a significant budget deficit facing the...more

NLRB Says Agreement's Failure to Advise Employee of Right to File Claims with Board Violates Federal Labor Law

Over the past several years, the Equal Employment Opportunity Commission has sued several employers, claiming that their failure to explicitly advise employees that releases provided in conjunction with severance benefits...more

Equal Time for Union Organizers: How Far Will the NLRB Go?

Recently, 106 labor law professors and labor studies academics filed a rulemaking petition with the National Labor Relations Board (NLRB) seeking an administrative rule that would require employers to provide “equal time” to...more

Executive Labor Summary - January / February 2016

NEWS & ANALYSIS - Death of Justice Antonin Scalia may create 4-4 split in case involving public employee union agency fees - In January, the U.S. Supreme Court heard oral argument in Friedrichs v. California, a case in...more

West Virginia Enacts Right-to-Work Legislation

On July 1, 2016, the State of West Virginia will become the 26th state to enact right-to-work legislation, prohibiting employers from requiring union membership, or the contribution of union dues as a condition of employment....more

NLRB: Joint Liability Inquiry Can Precede Finding on Merits of Underlying Unfair Labor Practice Charge

In the latest development in the National Labor Relations Board's ongoing efforts to redefine joint employer status, the board has determined that an employer (whether franchisee or franchisor) can be named a joint employer...more

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....more

NLRB Again Says Employers Cannot Impose Blanket Ban on Employee Recording in Workplace

Like many employers, Whole Foods adopted a policy prohibiting employees from conducting unauthorized recording of conversations, phone calls or meetings, regardless of the recording technology used. Employers generally...more

NLRB Invalidates Another Employer Conduct Policy

On December 24, 2015, in Whole Foods Market, Inc., 363 NLRB No. 87 (2015) (Whole Foods), the National Labor Relations Board (Board) invalidated two Whole Foods Market policies that prohibited employees' use of recording...more

“Biggest Idiot” Meets Class Waivers

The “biggest idiot theory” (our term, not the NLRB’s) states that, when the NLRB reviews an employer’s policy to see whether the policy would “chill” an employee from exercising NLRA rights, the NLRB does so from the...more

CAS Legal Mailbag Question of the Week – 12/18/15

Dear Legal Mailbag: I understand that success as a principal depends on support from the parent community. Unfortunately, I have never been accused of being charming. Originally published in the CAS Weekly NewsBlast...more

NLRB Finds No Joint Employment Relationship In First Decision Applying Browning-Ferris

In its first application of the landmark Browning-Ferris decision, the National Labor Relations Board (NLRB) has determined that ACECO, a contractor, was not a joint employer with Green Jobworks, its staffing agency. In...more

Update: The NLRB and Single Integrated Employers

In October, the National Labor Relations Board (“NLRB” or “Board”) employed a little-used procedural doctrine to issue a consolidated complaint against a parent company of a chain of hospitals located throughout the U.S. The...more

Amex Employment Arbitration Policy Held Unlawful by NLRB

Amex Card Services Company ("Amex") operates a call center in Phoenix, AZ. Amex required all new hires to sign an acknowledgement form acknowledging receipt and understanding of its Arbitration Policy as a condition of...more

Fifth Circuit Again Rejects NLRB Ruling That Employment Agreements Requiring Individual Arbitration Are Unlawful

On December 16, 2014, we reported on the National Labor Relations Board’s ruling that Murphy Oil violated the National Labor Relations Act by requiring its employees to sign arbitration agreements which “requir[ed] . . ....more

Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA

The battle between the NLRB and the Fifth Circuit rages on, as the Fifth Circuit again ruled that employers do not violate the National Labor Relations Act when they require employees to sign arbitration agreements containing...more

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

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