Proskauer - Labor Relations

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Firm Profile: Proskauer Rose LLP
2049 Century Park East
Los Angeles, CA 90067-3206, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas of Practice
  • Commercial Law & Contracts
  • Labor & Employment Law
  • Litigation
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Other U.S. Locations
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  • D.C.
  • Florida
  • Illinois
  • Louisiana
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  • New York
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NLRB GC Boldly Defines Direction of Board Prosecution in New GC Memo

The new NLRB General Counsel Peter Robb has been fast at work. A short two weeks after being sworn in on November 17, 2017, the new General Counsel issued a memorandum making clear his intention to re-examine much of the legal…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Pair of NLRB ALJ Decisions Find Unions Violated NLRA

It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new…more
 /  Administrative Law, Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

NLRB Gains a New General Counsel With Senate Confirmation of Peter B. Robb

By a vote of 49 to 46, the U.S. Senate confirmed Peter B. Robb as the General Counsel of the NLRB. Mr. Robb, who replaces former General Counsel Richard Griffin, is the 33rd person to hold the position since the NLRA was passed…more
 /  Elections & Politics, Labor & Employment Law

The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways

The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the recent…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

Senate Confirms Appointment of William J. Emanuel to NLRB; Board Has Full Complement,- For Now

In a 49-47 vote today, the Senate confirmed William J. Emanuel’s appointment to the NLRB. Once Mr. Emanuel is sworn in, it will be first time since 2015 that the NLRB has had a full five members. Before 2015, years of gridlock…more
 /  Elections & Politics, Labor & Employment Law

NLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces

Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of…more
 /  Elections & Politics, Labor & Employment Law

NLRB: Employer’s Side Letter Explaining NLRB Notice Breached Settlement Agreement and Warranted Default Judgment

One of the fundamental pillars of any remedy doled out by the NLRB is the agency’s requirement that the employer (or union) post a “Notice to Employees,” a bright blue poster detailing the misdeeds of the charged party. Such a…more
 /  Administrative Law, Labor & Employment Law

NLRB’s Enforcement of Secondary Boycott Restrictions Does Not Place Union Agent in Involuntary Servitude Nor Does It Encroach on Union’s Religious Freedom

Labor Day is upon us. It is fitting, therefore, to enter the weekend with another case that exemplifies the bizarre world of labor relations. Like the case of the human resource manager who turned on his employer, or the nurse…more
 /  Administrative Law, Constitutional Law, Labor & Employment Law

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

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
 /  Commercial Law & Contracts, Labor & Employment Law, Health

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion, a…more
 /  Administrative Law, Labor & Employment Law, Privacy, Consumer Protection

NLRB Gains A New Member As Marvin E. Kaplan Is Sworn In

The NLRB announced this week that Marvin E. Kaplan was sworn in as the agency’s newest Board member. Member Kaplan’s term expires August 27, 2020. The Board complement now stands at four of five members. Congress delayed…more
 /  Administrative Law, Elections & Politics, Labor & Employment Law

NLRB’s Acted More Like “Advocate Than Adjudicator” In Issuing Decision, DC Court of Appeals Concludes

When bargaining over an agreement, it is common to hear union representatives ask “why do we need such elaborate language in an agreement? We are always reasonable.” To which, the company usually responds, “We think you’re nifty…more
 /  Administrative Law, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Two Employees, Social Media, An Unlawful Policy ... What Could Possibly Go Wrong?

The advent of social media resulted in a feverish effort by the NLRB to keep up with new technology. In reality, the legal standard for evaluating whether conduct is protected concerted activity did not change. Rather, all the…more
 /  Administrative Law, Labor & Employment Law

Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules

We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated we…more
 /  Labor & Employment Law

Attack Falsely Alleging Sandwich Maker Engaged In Unhealthy Practices Not Protected Activity Concludes Appeals Court, Overruling NLRB

Labor disputes are passionate affairs. Workplace grievances elicit all sorts of strident behavior. When the dispute involves a group of employees, the effect can become magnified. The exact point at which the stridency of an…more
 /  Administrative Law, Labor & Employment Law
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