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NLRB Returns to Expansive Concerted Activity Standard for Solo Employee Complaints

It takes two to tango, but the National Labor Relations Board (“Board”) reaffirmed that it might only take one to engage in protected concerted activity. On August 25, 2023, the Board issued its decision in Miller Plastic...more

NLRB Nixes Short-Lived One-Size-Fits-All Approach to Abusive Conduct Cases

Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage...more

Not So Captive, Captive Audience Meetings

Every year, April brings surprises for the unwary — typically in the form of an April fool’s joke. By way of example, this past April 1st, I nearly had a heart attack when I awoke to a purportedly fake post depicting the...more

Sufficiently Distinct or Overwhelmingly Similar? – NLRB Welcomes Briefs on Appropriate Bargaining Unit Standard

When unions seek to organize a group of employees, they often prefer to target a particular group or groups of employees in job classifications that they are confident will vote in favor of unionizing, as opposed to trying to...more

Waiting on the World to Change – The NLRB is Poised to Reverse or Modify Board Law

Proponents of organized labor were presumably pleased when Joe Biden was elected to be the 46th President of the United States, and with good reason. The night before the election, President Biden delivered a speech to...more

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