NLRB, Disciplinary Proceedings, Unions

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

Sheppard Mullin Richter & Hampton LLP on 7/22/2024

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”

Proskauer - Labor Relations Update on 9/28/2023

As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

Sheppard Mullin Richter & Hampton LLP on 5/15/2023

In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more

NLRB Recognizes Weingarten Rights for Strike Replacement Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/6/2022

In a decision significant to employers that employ strike replacement employees or that may consider hiring strike replacement employees, the National Labor Relations Board (NLRB) found that such employees hold the right to...more

NLRB Restores Decades Old Case Law Related to Employee Discipline Prior to Negotiation of a First Contract

McNees Wallace & Nurick LLC on 8/4/2020

The National Labor Relations Board has restored a prior standard, one that had stood for about 80 years before being overturned in 2016, which governs an employer’s duty to bargain over employee discipline during the time...more

NLRB Announces New Standard for Reviewing Discipline for Offensive and Abusive Conduct

Davis Wright Tremaine LLP on 7/22/2020

Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more

Employers No Longer Have a Pre-Contract Duty to Bargain Over Disciplinary Decisions

Stinson LLP on 7/14/2020

Recently, the National Labor Relations Board (NLRB), overruling an important Obama-era decision, held that employers do not have a pre first-contract duty to bargain before disciplining employees in a manner consistent with...more

NLRB Reinstates Longstanding Precedent: Employers Do Not Have A Pre-Discipline Bargaining Duty Prior To First Union Contract

Fox Rothschild LLP on 7/6/2020

In a clear victory for management that overturns yet another Obama-era decision, the National Labor Relations Board has held that a recently unionized business that has not yet signed its first labor contract is not obligated...more

NLRB Reinstates Decades-Long Precedent Allowing Employers to Discipline Newly Organized Employees Before a First Contract

Seyfarth Shaw LLP on 7/1/2020

Seyfarth Synopsis: On June 23, 2020, the National Labor Relations Board reversed precedent and held in Care One at New Milford, 369 NLRB No. 109 (2020), that during negotiations for a first collective bargaining agreement,...more

NLRB Rules Notice and Opportunity to Bargain Over Discipline No Longer Required in New Bargaining Relationships

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/1/2020

The National Labor Relations Board (NLRB) recently overturned a 2016 decision holding that an employer violates Sections 8(a)(5) and (1) of the National Labor Relations Act (NLRA) by failing to provide notice and an...more

Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation

Littler on 6/30/2020

On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over...more

NLRB Finds Employers Do Not Have Bargain Discipline with a Newly Certified Union Prior to the Signing of an Initial Contract

Franczek P.C. on 6/29/2020

On Tuesday, the National Labor Relations Board (NLRB) in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, (Care One) issued a decision overturning the controversial Total Security Management decision....more

NLRB Overrules 2016 Decision Requiring Employers To Negotiate With Newly Certified Union Over Disciplinary Action

Polsinelli on 6/26/2020

The National Labor Relations Board has overruled a previous Board’s 2016 Decision and reset an employer’s ability to discipline union-represented employees before reaching a first contract with the union....more

NLRB Restores Employer Rights to Discipline Newly-Unionized Employees Without Bargaining

Epstein Becker & Green on 6/26/2020

On June 23, 2020, the National Labor Relations Board (“NLRB” or “Board”) overruled a 2016 decision that required employers to bargain over the discipline of employees during negotiations for a first contract. ...more

NLRB Reverses Precedent, Rules Employers Can Discipline Employees Before Bargaining With New Union

ArentFox Schiff on 6/25/2020

Yesterday, the National Labor Relations Board reversed course and held that employers may discipline employees represented by a newly elected union before a collective bargaining agreement is negotiated, and without having to...more

Union’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the Board

Proskauer - Labor Relations Update on 6/10/2020

On June 5, 2020, the NLRB held, in Teamsters Local Union No. 735-S (Bemis Co., Inc.), 369 NLRB No. 97, that union officials’ retaliatory actions against members who participated in an investigation resulting in the discharge...more

New Year Cheer from the NLRB

Akerman LLP - HR Defense on 1/7/2020

The National Labor Relations Board (NLRB) delivered two New Year’s gifts to employers regarding deferral to arbitration and restrictions on union buttons....more

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

Sheppard Mullin Richter & Hampton LLP on 1/3/2020

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

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

Proskauer - Labor Relations Update on 1/3/2020

In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

NLRB Revives Prior Standard on Arbitral Deference

Ballard Spahr LLP on 12/27/2019

On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....more

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

Snell & Wilmer on 12/18/2019

Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more

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