On December 16, 2022, the National Labor Relations Board (“NLRB” or “Board”) abandoned the employer-friendly access standard for off-duty employees of an onsite contractor that was adopted under the Trump Administration in...more
As we previously predicted, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in American Steel Construction, Inc. (available...) and yet again overruled another case decided under the Trump...more
The constant fluctuations in precedent at the National Labor Relations Board (“NLRB” or the “Board”) continue as the Board overrules another case decided under the Trump Administration. This time the NLRB has set its sights...more
In contravention of decades-old precedent, employers may be required to recognize unions without a secret ballot election, thereby denying employers the opportunity to protect the private choice of their employees. The...more
Under well-settled, decades-old precedent, employers have historically been free to hold mandatory “captive audience” meetings to educate employees, share views on unionization, and discuss what employees’ rights are with...more
As we previously predicted, significant changes are taking place at the National Labor Relations Board (“NLRB” or the “Board”). To date, much of that change has been in the agenda set by General Counsel Jennifer Abruzzo. Now,...more
When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more
11/20/2020
/ Agricultural Sector ,
Agricultural Workers ,
Business & Professions Code ,
Cannabis Products ,
Constitutional Challenges ,
Corporate Counsel ,
Employer Liability Issues ,
Fifth Amendment ,
Marijuana Cultivation ,
NLRA ,
NLRB ,
Private Property ,
Public Sector Unions ,
Right-To-Access ,
SCOTUS ,
State and Local Government ,
Takings Clause ,
Trespass ,
Unions
On September 18, the Board’s GC issued GC Memo 20-14, entitled Summaries of Advice Merit Determinations Related to Coronavirus Disease 2019 Issues for the purpose of giving the public a better understanding of the GC’s...more
9/23/2020
/ Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Liability Issues ,
Employment Discrimination ,
Infectious Diseases ,
Layoffs ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Unions ,
Weingarten Rights
Unions have long sought to avoid the NLRB’s election process, relying instead upon so-called “neutrality” agreements to obtain initial recognition by employers and legally enforceable rights to represent and bargain on behalf...more
Did an NLRB’s Regional Director abuse her discretion when she directed a mail ballot election instead of an in-person (manual) ballot election during the COVID-19 pandemic? Though not getting the attention it deserves, this...more
On July 28, 2020, the NLRB issued a Notice of Proposed Rulemaking (NPRM) calling for public comments as to two important changes to its regulations governing representation elections.
The first change would modify the...more
Most employers wrestling with COVID-19 related employment law issues aren’t paying much attention to the labor law issues arising out of the pandemic. Indeed, because most U.S. employers are non-union, many operate under the...more
On June 23, the National Labor Relations Board’s (Board or NLRB) issued a decision in Mountaire Farms, Inc., 5-RD-256888 in which the Board granted review of a Regional Director’s decision applying the Board’s contract bar...more
On July 6, and after consulting with the Board’s Regional Directors (“RDs”) and other of the Agency’s internal stakeholders, the NLRB’s General Counsel (GC) issued Memorandum GC 20-10 offering suggested protocols for the RDs...more
As we previously discussed earlier this month, District Court Judge Ketanji Brown Jackson issued an Order in American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board, Civil Case...more
On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more
Last December, we addressed the National Labor Relations Board’s (NLRB or Board) new rules applicable to all NLRB-conducted elections. As then reported, these new rules partially reversed election rules implemented in 2014...more
From time to time, employers trigger labor disputes when they make unilateral changes in working conditions. Unions objecting to such changes often complain to the NLRB, claiming a change to be mandatory bargaining subjects...more
The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more
1/3/2020
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Arbitration Agreements ,
Babcock & Wilcox Construction ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Disciplinary Proceedings ,
Employment Contract ,
Filing Grievances ,
Grievance Process ,
Hiring & Firing ,
Labor Law Violations ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
UPS ,
Wrongful Termination
The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more
12/23/2019
/ Caesars ,
Collective Bargaining Agreements (CBA) ,
Confidential Information ,
Electronic Communications ,
Email ,
Email Policies ,
Employee Rights ,
Employer Rights ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Activity ,
Purple Communications ,
Unfair Labor Practices ,
Union Dues ,
Unions ,
Workplace Communication ,
Workplace Investigations
While bargaining, unions often demand that employers produce information relevant to the bargaining process so that the union may fulfill its duties as bargaining representative. Under the law and absent some compelling...more
A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board’s decision in MV Transportation, 368 NLRB No. 66 (2019), and the Board’s decision provides critical cover to employers...more
9/12/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Interpretation ,
Contract Terms ,
Employer Liability Issues ,
Good Faith ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unilateral Modification ,
Unions ,
Waivers ,
Working Conditions
It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more
9/12/2019
/ Adverse Employment Action ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Racist Remarks ,
Unfair Labor Practices ,
Unions
In the organizing context, the scope of a potential bargaining unit is everything-it determines which employees’ votes will count towards establishing a union’s putative majority in a secret ballot election, and determines...more
Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more
9/11/2019
/ Administrative Law Judge (ALJ) ,
Dismissals ,
Disparate Treatment ,
Employee Rights ,
Employer Liability Issues ,
Kroger ,
NLRA ,
NLRB ,
Private Property ,
Property Owners ,
Reversal ,
Right of Access ,
Solicitation ,
Unfair Labor Practices ,
Union Organizers ,
Union Representatives ,
Unions