The National Labor Relations Board has traditionally applied separate tests to evaluate whether employee discipline violated the National Labor Relations Act, depending on the context of the underlying misconduct. This has...more
7/23/2020
/ Disciplinary Proceedings ,
Employee Misconduct ,
Employer Liability Issues ,
General Motors ,
Labor Law Violations ,
Labor Relations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Strike ,
Unfair Labor Practices
Have you ever felt that reading the decisions of the National Labor Relations Board is a lot like watching a tennis match? The decisions on key workplace issues go back and forth, back and forth, and you are just stuck...more
The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more
9/24/2018
/ Adverse Employment Action ,
Affiliates ,
Appeals ,
Employer Liability Issues ,
Employment Litigation ,
First Amendment ,
Free Speech ,
Freedom of Association ,
Job Promotions ,
Protected Concerted Activity ,
Public Employees ,
Public Employers ,
Unions
To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more
2/4/2016
/ Arbitration Agreements ,
College Athletes ,
Corporate Counsel ,
Fair Share Law ,
Internal Investigations ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Northwestern University ,
Protected Concerted Activity ,
Quickie Election Rules ,
SCOTUS ,
Unions ,
Young Lawyers
Introduction -
If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a number of serious legal battles. Although...more
1/22/2015
/ Ambush Election Rules ,
Arbitration ,
Arbitration Agreements ,
Canning v NLRB ,
College Athletes ,
Corporate Counsel ,
D.R. Horton v NLRB ,
Email ,
Employee Definition ,
Employer Liability Issues ,
Employer Mandates ,
Facebook ,
Franchises ,
Joint Employers ,
Macy's ,
McDonalds ,
NLRA ,
NLRB ,
Northwestern University ,
Protected Concerted Activity ,
Purple Communications ,
Recess Appointments ,
Social Media ,
Social Media Policy ,
Unions
As we discussed with participants in our recent Labor and Employment Law Seminar, despite recent setbacks, the National Labor Relations Board continues to issue decisions that are concerning for employers....more
Introduction -
Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more
2/20/2013
/ Arbitration Agreements ,
At-Will Employment ,
Back Pay ,
Banner Estrella Medical Center ,
Bethlehem Steel ,
Canning v NLRB ,
Class Action Arbitration Waivers ,
Confidential Information ,
Confidentiality Agreements ,
D.R. Horton ,
D.R. Horton v NLRB ,
Discipline ,
Dues Checkoff ,
Facebook ,
Hispanics United of Buffalo ,
Internal Investigations ,
Karl Knauz Motors ,
Latino Express ,
New Process Steel ,
NLRA ,
NLRB ,
Piedmont Gardens ,
Political Contributions ,
Posting Requirements ,
Protected Concerted Activity ,
Quickie Election Rules ,
Recess Appointments ,
Section 7 ,
Social Media ,
Social Media Policy ,
Union Dues ,
Unions ,
Witness Statements
On September 20, 2011, we reported on Hispanics United of Buffalo, Inc., the first National Labor Relations Board Administrative Law Judge decision examining an employee's discharge for social media activity. Recently, the...more