Section 10(j) of the National Labor Relations Act ("NLRA") equips the National Labor Relations Board ("NLRB" or “Board”) with a powerful tool to address supposed unfair labor practices during the pendency of a Board unfair...more
6/14/2024
/ Federal Labor Laws ,
Media ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
SCOTUS ,
Starbucks ,
Starbucks Corp. v McKinney ,
Termination ,
Unfair Labor Practices ,
Unions
Section 7 of the National Labor Relations Act (NLRA) grants employees the right to unionize, engage in activities to advance their common interests, and abstain from these activities. From time to time, employers establish...more
The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more
Today Amazon won a major victory in a union organizing campaign involving one of its Alabama facilities. Pundits have talked up this campaign for months and months, many suggesting that it would serve as a bellwether for a...more
This week the NLRB issued a blockbuster decision addressing employees’ abusive and foul language in the workplace. General Motors LLC, 369 NLRB No. 127 (2020). In the past, the Board has given many employees a free pass when...more
Over thirty-five years ago, the NLRB held that an employer may not prohibit a union organizer’s access to an employer’s privately owned, but publicly accessible areas, such as an employer’s public restaurant or cafeteria,...more
“So, two guys walk into a bathroom…” No, seriously, this case is about two co-workers who walked into a bathroom. While in the bathroom, Employee A complained to Employee B that a former client had been dropped back in his...more
An agreement between the UFCW and the Fred Meyer grocery store chain restricted the union’s ability to visit with store employees in public view. But things went south when the UFCW declared war on Fred Meyer. Some eight...more
The NLRB analyzes employer policies to see if the policies “chill” employees’ rights to engage in concerted protected activity under the NLRA. The NLRB says it applies a “reasonable person” test, which asks “would a...more
You may recall from the Crocodile Dundee movies that Dundee was a big fan of walkabouts in the Australian outback…and Manhattan. A while back OSHA began encouraging walkabouts of a sort....more
President-Elect Trump continued on his streak of appointing controversial cabinet members today when he announced Andrew Puzder as his choice to head the DOL. Mr. Puzder’s name may be familiar to those of you who crave...more
12/9/2016
/ Administrative Appointments ,
Affordable Care Act ,
Department of Labor (DOL) ,
Fast-Food Industry ,
Immigration Reform ,
Minimum Wage ,
NLRB ,
Over-Time ,
Trade Policy ,
Trump Administration ,
White-Collar Exemptions
Yesterday a federal court put a temporary hold on the Obama Administration’s so-called Blacklisting Rule. Associated Builders v. Rung. In a previous blog we described in detail the Administration’s Executive Order and...more
10/26/2016
/ Arbitrary and Capricious ,
Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Due Process ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
NLRB ,
Pay Transparency ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Wage and Hour
And so the saga of the runaway NLRB continues. Last Friday, the D.C. Circuit Court of Appeals, widely recognized as our nation’s leader in administrative law, issued a hard-hitting opinion sharply criticizing the NLRB for its...more
In another setback for the NLRB, a federal appeals court ruled recently that the NLRB lacks the authority to impose adverse attorneys’ fees awards against employers in Board proceedings. HTH Corporation v. NLRB The case...more
The “biggest idiot theory” (our term, not the NLRB’s) states that, when the NLRB reviews an employer’s policy to see whether the policy would “chill” an employee from exercising NLRA rights, the NLRB does so from the...more
A Circuit Court has un-tipped the NLRB’s scales in a refusal-to-bargain case. Ozark Auto. Distribs., Inc. v. NLRB, No. 11-1320 (D.C. Cir. February 10, 2015). An employer lost a tight union election and contested the election...more
Nancy Schiffer’s term with the National Labor Relations Board (“NLRB” or “the Board”) expired yesterday, but the Board made the most of its time with the former Associate General Counsel at the AFL-CIO and Deputy General...more
An employer’s bid to quash three ridiculously overbroad NLRB subpoenas fell short even though the trial court repeatedly said it disapproved of the NLRB’s tactics. The SEIU filed unfair labor practice charges against a...more
Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our...more
In a peculiar spin on the old line “would Macy’s tell Gimbel’s,” the NLRB unanimously rejected a micro bargaining unit at retailer Bergdorf Goodman only a week after it approved a somewhat similar micro bargaining unit at...more
The NLRB has affirmed the certification of a micro bargaining unit at a Macy’s retail store. Macy’s Inc. and Local 1445, UFCW, 361 NLRB No. 4 (July 22, 2014) The certified unit consists solely of roughly 40 cosmetics and...more
This morning the U.S. Supreme Court handed down a decision that has widespread impact on the Obama Administration’s labor agenda, as well as the NLRB’s recent attempts to grossly expand its authority. NLRB v. Noel Canning,...more
The NLRB recently struck down an employer’s “anti-gossip” policy, ruling that the policy unlawfully interfered with employees’ rights to engage in concerted protected activity under the NLRA. Laurus Technical Inst., 360 NLRB...more
In what we hope is the beginning of a trend, the NLRB announced that it will not appeal its infamous poster case to the U.S. Supreme Court. As you may remember, the NLRB passed a rule that required covered employers to post a...more
The NLRB received a nasty benchslap from the Eleventh Circuit Court of Appeals recently in a case challenging the NLRB’s interpretation of supervisor status under the NLRA. Lakeland Health Care Associates, LLC v. NLRB. The...more