News & Analysis as of

NLRB General Counsel Issues Guidance on Deferral to Grievance Arbitration and Settlements

Following the decision of the National Labor Relations Board in Babcock & Wilcox Construction Co., 361 NLRB No. 132 (December 14, 2014), the NLRB General Counsel has issued Memorandum GC 15-02 (February 10, 2015), which...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

NLRB Says Individual Gripes About Wages are "Inherently Concerted" Activity

Many employers consider it appropriate to discourage employees from discussing compensation with their coworkers. Particularly in non-unionized environments, employers may not think twice before disciplining employees for...more

NLRB Complaints Claim McDonald’s USA is “Joint Employer” Liable for Labor Violations by Its Franchisees

The Office of the General Counsel of the National Labor Relations Board (NLRB) issued 13 complaints, on December 19, 2014, against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC (McDonald’s USA), involving...more

NLRB Dramatically Changes Its Deferral Policies in Alleged Discrimination Cases

In Babcock & Wilcox Construction Co., Inc., 361 NLRB No. 132 (December 15, 2014), the National Labor Relations Board (NLRB) significantly altered the standards under which it will defer to grievance and arbitration...more

Franchisors Beware: NLRB Seeking to Super-Size Joint Employer Liability

The National Labor Relations Board’s (“NLRB”) General Counsel’s Office has again signaled its commitment to expanding the scope of the current test for joint employment. In a move that could have implications for a broad...more

An Undesirable Consequence

An effort by Richard Griffin, the General Counsel (GC) of the National Labor Relations Board (NLRB), to raise wages and otherwise benefit franchise employees may have an unexpected and undesirable consequence: a threat to...more

NLRB Changes Standard for Deferral to Arbitration in Discrimination and Retaliation Cases

In a significant recent decision, the National Labor Relations Board (NLRB or Board) again abandoned long-standing, accepted Board precedent.  In Babcock & Wilcox Construction Co., 361 NLRB No. 132 (Dec. 15, 2014), the Board...more

NLRB Eviscerates Standards for Deferral to Arbitration and Settlement

The foundation of the relationship between an employer and a union is the collective bargaining agreement negotiated by the parties. Central to those agreements are dispute resolution processes that allow for expedited...more

NLRB Claims McDonalds Is “Joint Employer” of Franchisee Employees

On December 19, the National Labor Relations Board (NLRB) issued 13 complaints naming McDonalds as a “joint employer” of the employees at its franchisees....more

NLRB Office of General Counsel Alleges Franchisor Is Liable for Claims of Its Franchisees' Employees

On December 19, 2014, the National Labor Relations Board's (NLRB) Office of General Counsel took another step forward in its effort to erase the line between franchisors and franchisees. In a controversial move, the Office of...more

NLRB Reverses Board Precedent on Arbitration Deferral Standards

On December 15, 2014, a divided National Labor Relations Board (NLRB) - split along party lines - overturned 30-year-old precedent addressing standards for the deferral of certain unfair labor practice charges to contractual...more

The NLRB’s Busy Holiday Season

The National Labor Relations Board has been busy this holiday season. In the last few weeks, the Board has pushed ahead with its “quickie election rules” and changed the analysis it uses to determine whether to assert...more

NLRB Update: Policy Reversals Affect All Employers

Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General...more

Let it Snow: NLRB Continues Flurry of December Activity by Adopting New Arbitration Deferral Standards

With the holidays quickly approaching, the National Labor Relations Board’s union-friendly majority continues to churn out decisions that will significantly impact union and non-union employers in 2015 and beyond. Earlier...more

NLRB to Re-Hear Labor Arbs

Another NLRB bombshell. The NLRB used to “defer” statutory issues to arbitration. For example, if an employer and union arbitrated the issue of an employee’s discharge for good cause, the NLRB would not then prosecute an...more

Joint Employers in the Building and Construction Industry

On October 21, 2014, National Labor Relations Board (NLRB or Board) Associate General Counsel, Barry J. Kearny, discussed the litigation, currently before the Board, on the joint employer issue. Kearny predicted that the...more

Franchise arrangements pose legal problem for NLRB’s proposed joint-employer standard

The National Labor Relations Board’s general counsel, who is recommending that the Board dramatically alter the joint-employer doctrine, admitted that his proposal may run into “a problem legally” when it comes to...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

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