Unfair Labor Practices The National Labor Relations Act

News & Analysis as of

Employment Law Newsletter - April 2015

In This Issue: - Do Your Company Policies & Procedures Stand up against the NLRB? - Potential Pitfalls of Terminating an Employee who Requests Extended Leave - Excerpt from Do Your Company Policies & Procedures...more

NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary...more

Ban on Employee Salary Discussion Violates NLRA

Despite years of legal decisions to the contrary, a surprising number of employers still attempt to prohibit employees from discussing their compensation among themselves. The National Labor Relations Board has repeatedly...more

The NLRB Issues Key Rulings Regarding Employee E-Mail Use, Deferrals To Arbitration, And Representation-Case Procedures

The 2014/2015 holiday season marked a period of change for the National Labor Relations Board (NLRB). First, on December 11, 2014, the NLRB ruled that under Section 7 of the National Labor Relations Act (NLRA) employees can...more

ALJ Finds Employer's Pizza Party, Cash and Gift Card Bonuses Interfered with Union Election

SBM Management Services, Inc. provides custodial services for certain commercial facilities. After the company took over the custodial contract at a particular facility, it had regular employee meetings on Fridays. At the...more

NLRB Imposes Extreme Remedies on Repeat Offender

Recently, the National Labor Relations Board found that HTH Corporation had committed multiple violations of the National Labor Relations Act and went to extraordinary lengths to craft a remedy for the employer’s “egregious...more

Two Important NLRB Decisions: When Franchisees/Franchisers are a Joint Employer and Forming Micro Bargaining Units in Retail

On July 29, 2014, the General Counsel for the National Labor Relations Board (NLRB), Richard Griffin, authorized NLRB Regional Directors to issue complaints in 43 unfair labor practices cases against McDonald’s USA LLC. The...more

Would You Like Fries . . . and an Unfair Labor Practice Charge with That?

Mainstream media, attorneys, and business owners are discussing the meaning and impact of a two paragraph press release issued on July 29 by the Office of the General Counsel of the National Labor Relations Board (NLRB). That...more

Activity Before NLRB and WA Supreme Court Highlights Joint Employer Risk

A recent announcement by the National Labor Relations Board’s (NLRB) General Counsel and a Washington Supreme Court decision underscore the risks of potential joint employer liability...more

Big Mac Attack: Is the Franchisor a Joint Employer?

On July 29, 2014, the National Labor Relations Board (“NLRB”) issued a brief statement that could turn labor law in the world of franchising upside down. The NLRB’s General Counsel stated that it plans to go forward with a...more

Two All-Beef Patties, Special Sauce, Lettuce, Cheese, Pickles, Onions, on a Sesame Seed Bun – NLRB Rocks Franchise World by...

The National Labor Relations Board is attempting to expand the reach of the National Labor Relations Act once again – this time the NLRB’s Office of the General Counsel authorized formal complaints against McDonald’s USA,...more

Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees....more

Under the Same Golden Arches: NLRB General Counsel Authorizes Complaints Alleging McDonald’s Corporation Is Joint Employer with...

Last week, the NLRB General Counsel’s Office authorized 43 complaints of unfair labor practices brought by McDonald’s workers, naming both the McDonald’s Corporation and its franchisees as joint employers which would hold...more

Employment Fissuring in Franchising: NLRB pursues McDonald's

On July 29, the General Counsel (GC) of the National Labor Relations Board (NLRB) announced that, absent settlement, he has directed the issuance of complaints in 43 unfair labor practice (ULP) cases, alleging that McDonald’s...more

NLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration

In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if...more

Act Now Advisory: Overbroad Handbook Policies May Constitute Unfair Labor Practices

At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the...more

Redefining the Power of Arbitration in Unfair Labor Practice Cases: NLRB Solicited Briefs on the Issue

In line with recent efforts in the courts to define the scope of power of the arbitral forum, the National Labor Relations Board (NLRB) recently took on the issue of whether to modify the standard it applies to determine...more

Back To The Drawing Board For The Board

On January 6, 2014, the National Labor Relations Board (NLRB) announced that it would not seek Supreme Court review of two federal appeals court decisions striking down the NLRB's rule requiring employers to display "Employee...more

Fifth Circuit Permits Class Action Waivers In Arbitration Agreements

The Fifth Circuit Court of Appeals recently handed a victory to employers in D.R. Horton, Inc. v. National Labor Relations Board, 12-60031, 2013 W.L. 6231617 (5th Cir. Dec. 3, 2013), reversing an Order of the National Labor...more

Arbitration Agreements Can Be Used to Avoid Class Claims Under Labor Laws

Employers can avoid class claims by entering agreements that require individual arbitration, but they should review those agreements to ensure that they contain clear exceptions for employees’ right to pursue unfair labor...more

NLRB marches forward with its prohibition on blanket confidentiality in HR investigations

Extending on National Labor Relations Board (NLRB) precedent, on July 26, 2013, Administrative Law Judge Jeffrey D. Wedekind ruled that The Boeing Company's human resources (HR) investigation confidentiality policy violated...more

A Bell Is Un-Rung: It’s “Never” too Late to Update the Handbook

Regularly updating your employee handbook is not just a good practice, but it is of particular importance given the recent scrutiny of handbook language by the Acting General Counsel (AGC) of the National Labor Relations...more

D.C. Circuit Tells NLRB "No Workplace Poster for You!"

Many would contend that inherent in the freedom of speech is the freedom to decide when not to speak such that the government, as the argument goes, cannot compel one to say or otherwise disseminate certain information....more

D.C. Circuit Invalidates NLRB’s Notice Posting Rule

In yet another blow to the National Labor Relations Board (NLRB), today the D.C. Circuit Court of Appeals in National Association of Manufacturers v. National Labor Relations Board reversed an earlier ruling of the U.S....more

D.C. Court Of Appeals Vacates NLRB Notice Posting Rule

A federal appellate court yesterday rejected the National Labor Relations Board’s “notice posting rule” that would have required nearly 6 million employers to conspicuously display the Board’s employee-rights poster. Last...more

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