We have often reported about how an employer’s failure to adequately respond to an information request made by a union can lead to unfair labor practice charges and litigation. Sometimes a union makes an information request...more
As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more
4/9/2020
/ Collective Bargaining ,
Comment Period ,
Construction Industry ,
Employee Rights ,
Labor Law Violations ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Proposed Amendments ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Union Elections ,
Union Representatives ,
Unions
In prior posts, we’ve discussed how information requests in the context of labor relations can be deceptively complex to comply with for employers. We’ve seen how an employer’s assertion of confidentiality, standing alone, is...more
1/22/2020
/ Administrative Law Judge (ALJ) ,
Employer Liability Issues ,
Employment Contract ,
Information Requests ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unfair Labor Practices ,
Union Representatives ,
Unions ,
Wage and Hour
On October 28, 2019, the Ninth Circuit, following in the footsteps of the D.C. Circuit and the Second Circuit, affirmed an order entered by the NLRB confirming that prohibitions on secondary boycotts under Section...more
10/31/2019
/ Boycotts ,
Employee Rights ,
Employment Policies ,
First Amendment ,
Free Speech ,
Labor Disputes ,
NLRA ,
NLRB ,
Secondary Boycott ,
Strike ,
Unfair Labor Practices ,
Union Representatives ,
Unions
The NLRB recently reiterated its position that the agency should not be so quick to dismiss petitions filed by employees seeking to decertify a union. The Board, in a 3-1 decision, held that if a petition for decertification...more
On the eve of Independence Day, the NLRB, in a 3-1 decision (Member McFerran dissented), clarified the law concerning withdrawal and enunciated a new framework for determining whether a union has retained majority support at...more
7/8/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Union Elections ,
Union Representatives ,
Unions ,
Withdrawal
Citing judicial criticism, as well as the original Supreme Court decisions on the issue, the NLRB swept away years of precedent permitting union representatives to access public areas of an employer’s premises.
In UPMC...more
6/18/2019
/ Administrative Law Judge (ALJ) ,
Bright-Line Rule ,
Disparate Treatment ,
Employee Rights ,
New Rules ,
NLRA ,
NLRB ,
Private Property ,
Property Owners ,
Public Access Laws ,
Public Property ,
Solicitation ,
Surveillance ,
Union Organizers ,
Union Representatives ,
Unions
Employers with union-represented employees also always have non-union employees, whether working in the office or at another worksite. Invariably, there are differences between the wages, benefits, and terms and conditions of...more
6/4/2019
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employer Liability Issues ,
Employment Contract ,
Holiday Pay ,
NLRA ,
NLRB ,
Union Representatives ,
Unions ,
Wage and Hour
During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more
2/27/2019
/ Appeals ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Employment Policies ,
NLRA ,
NLRB ,
Section 7 ,
Union Representatives ,
Unions
Recently, we explored how the NLRB’s rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from whether a decertification petition will be processed in the face of unfair...more
One area of labor relations that continues to vex practitioners is the scope of the so-called Weingarten rights. NLRB v. J. Weingarten Inc., 420 U.S. 251 (1975). Some 43 years after the Supreme Court set forth the right that...more
The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more
8/24/2017
/ Administrative Law Judge (ALJ) ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employer Liability Issues ,
Hospitals ,
NLRB ,
Nurse Practitioners ,
Peer Review ,
Union Representatives ,
Unions ,
Weingarten Rights
The very real questions about the NLRB’s decision-making authority may have finally slowed the agency down. We have come to expect over the last few years, a relentless expansion of NLRB authority and reach, especially given...more