The National Labor Relations Board (NLRB or Board) recently released its anticipated rulemaking priorities in the Unified Agenda of Federal Regulatory and Deregulatory Actions (the Agenda). ...more
In a case that started back in February of 2013 – when Security called 9-1-1 and had police escort non-employee union organizers out of the employer’s cafeteria – the Board “modified” decades of its own precedent. Sort of....more
Among the National Labor Relations Board’s (NLRB) rulemaking priorities under the National Labor Relations Act (NLRA) are its representation-case procedures, “blocking charge” and voluntary recognition standards, student...more
Since 1982, the National Labor Relations Board (“NLRB” or “Board”) has interpreted the National Labor Relations Act (“NLRA”) to prohibit employers from denying non-employee union organizers access to those parts of the...more
In a June 14, 2019 decision, the National Labor Relations Board clarified whether an employer may limit nonemployee union organizers from entering the employer’s private property. UPMC and SEIU, 368 NLRB No. 2. In doing so,...more
Board Rules on Union Access. Late last week, the National Labor Relations Board issued a decision involving the balancing of employees’ statutory right to organize with employers’ private property rights. In the case, the...more
If part of an employer’s property is open to the public (such as a cafeteria or restaurant), can external union organizers use it to try to organize that employer’s workforce? For decades the National Labor Relations Board...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
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...more
OSHA has long enforced sanitation and accessibility standards for restrooms for workers – an idea that generally makes sense viewed as a health concern. In the last few years, however, new policies at the state and federal...more
Although not typically thought of as a hotbed of OSHA/Employment law activity, access to bathrooms by both employees, as well as members of the public, has become a high profile issue of late. OSHA has always required...more
In a case that may have a broad impact, the New Jersey Appellate Division issued a decision on December 24, 2013, upholding criminal charges against a former school board clerk who took hundreds of confidential documents for...more
Board's recent decision in J.W. Marriott makes it more difficult for employers to control off-duty employee access to the workplace. Over the past year, the National Labor Relations Board (NLRB or Board) has used the...more
Continuing its recent line of decisions that will cause many employers to restrict, rather than expand, opportunities for off-duty employees to access employers' facilities, a panel of the Board in Marriott International,...more
In a recent decision, Sodexo America LLC, 358 NLRB No. 79 (July 3, 2012), the NLRB declared that an employer rule prohibiting off-duty employees from coming into the interior of a hospital or onto outside areas of the...more