News & Analysis as of

Act Now Advisory: NLRB's Macy's Decision Raises Questions About Best Strategies for Combating Union Efforts to Organize...

In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for...more

Can Works Councils Be Legally Imported From the EU and Germany?

After workers at a Volkswagen plant in Chattanooga, Tenn., rejected an attempt by the United Auto Workers to gain representation, the company continued to express interest in bringing in a German-style works council, Kristin...more

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

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

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

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 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

NLRB Evaluating Employer Prohibitions Against Use of Email for Nonbusiness Purposes

On May 1, 2014, the National Labor Relations Board (the "Board") issued an announcement inviting interested parties to submit briefs on the question of whether employees who are permitted to use their employer's email systems...more

Employer Email Policies on Chopping Block as General Counsel Seeks to Overrule Register Guard and Board Calls for Amicus Briefs

In a development of importance to both union and non-union employers, the NLRB General Counsel has asked the NLRB to overrule its 2007 decision in Register Guard, 351 NLRB 1110 (2007). In Register Guard, the Board had held...more

NLRB Moves to Permit Employees’ Use of Company Email Systems for Union Organizing and Other Section 7 Rights

Close observers of the National Labor Relations Board (NLRB) in recent years had long expected the Board to one day revisit—and, possibly, overrule—Register-Guard, 351 NLRB 1110 (2007), the landmark NLRB opinion holding that...more

Gimme A U-N-I-O-N!

Willa Bepayed is a standout attacker and a Senior on State Tech’s volleyball team. Willa read about Kan Doit, the Southeastern quarterback who’s leading the unionization drive before the National Labor Relations Board (NLRB)....more

Student-Athletes: Are They Employees?

Digging Deeper into the History of the NLRB’s Decision and Northwestern’s Appeal - This case started when the “College Athletes Players Association” (“CAPA”) was formed as a union created to represent the Northwestern...more

Northwestern University Scholarship Football Players Receive the Right to Organize

Region 13 of the National Labor Relations Board delivered a Final Decision and Direction of Election in the closely-watched case concerning Northwestern University’s football players’ attempt to unionize. ...more

Shame On Who? Responding to Union Corporate Campaigns, Protests, and Bannering

The recent retail and fast food industry protests regarding demands for a “living wage” remind us that corporate campaigns by unions are a form of corporate warfare. They seek to inflict upon employers a “death from a...more

NLRB Regional Director Rules College Scholarship Athletes Are ‘Employees’

The director of Region 13 of the National Labor Relations Board ruled last week that scholarship football players at Northwestern University were “employees” within the meaning of the National Labor Relations Act, and...more

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