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[Event] 2022 Labor & Employment Seminar - October 7th, Denver, CO

Our Decades-Old Tradition Returns In Person! Join us to learn about the latest updates and best practices for employers, in-house counsel, and HR professionals. Among the topics during this year’s general session are a...more

Racist Picket Conduct Protected

The NLRB holds – famously now – that sexist and racist conduct on a picket line is protected from adverse action unless the conduct is also violent and coercive. Despite a shot across its bow in Consolidated Communications,...more

SCOTUS To Decide Class Action Waivers

The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration...more

NLRB Classifies TAs as Employees

The NLRB chose not to interfere with collegiate football. Northwestern University, Case 13-RC-121359 (August 17, 2015). Collegiate teaching assistants, though, are another thing. In Columbia University, Case 02-RC-143012...more

En Garde “User Employers”

The NLRB has reversed course on another issue significantly affecting employer relationships – not just relationships with employees, but also relationships with employee leasing companies. In Miller & Anderson, Inc., 364...more

Handbook Revisions Due

The U.S. Court of Appeals for the District of Columbia sided with the NLRB on 3 common employer policies. These rules violate the NLRA on their face...more

Board Penalizes Legal Argument

Previously, we described a court’s reaction when some plaintiff-employees tried to reinstate their collective wage claim in court using a belated NLRB order against class action arbitration waivers. (See: Court Order Trumps...more

The NLRB Chooses Not to Play

The NLRB has ruled on the representation petition for Northwestern University student football players. You’ll remember, last year, the NLRB’s Regional Director decided that student athletes who received grant-in-aid athletic...more

Court Order Trumps Board

What happens when the NLRB says an arbitration agreement is illegal, but a court enforces the agreement anyway? Four plaintiffs recently found out. In Hobson et al. v. Murphy Oil USA, Inc., No. CV-10-S-1486-S (N. D. Ala. July...more

A Court Abandons Horton

In February 2013, we reported on a federal court in Idaho that followed the NLRB’s D.R. Horton decision and ruled that agreements to arbitrate all claims solely on an individual basis were unenforceable. Here’s the rest of...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

Employer Rights Lost in Translation

A new NLRB matter demonstrates the importance of having bilingual managers for a bilingual staff. The employer addressed union members in the run up to a decertification election. The script called for the COO to warn the...more

9/11/2014  /  NLRA , NLRB , Strike , Unions
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