News & Analysis as of

National Labor Relations Board › Discipline › Unions

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Adams and Reese LLP

[Webinar] 2023 NLRB Year in Review - December 19th, 12:00 pm - 1:00 pm CST

Adams and Reese LLP on

Adams and Reese Partner Michael MacHarg will lead a one hour CLE webinar to discuss important updates from the National Labor Relations Board over the past year. Registration is free. The webinar will take place Tuesday,...more

Jackson Lewis P.C.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Can You Discipline Employees for Workplace Outbursts? NLRB Says It Depends on the Setting

Mitchell, Williams, Selig, Gates & Woodyard,... on

Imagine that an employee in a workplace meeting stands up, and in a profanity-laced tirade, calls the manager in the meeting several names not fit for print. Most employers would immediately discipline, if not fire, that...more

BakerHostetler

Sticks and Stones Break Bones, and the NLRB Protects the Words That Hurt: The NLRB’s Latest Decision Expands Protections for...

BakerHostetler on

In the latest swing away from recent precedent, the National Labor Relations Board (NLRB or Board) issued its ruling in Lion Elastomers LLC II, which overturns the 2020 General Motors LLC decision. These decisions address an...more

Amundsen Davis LLC

NLRB Reverses Course, Provides Broader Protection to Employees Engaged in Offensive Behavior

Amundsen Davis LLC on

On May 1, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision, Lion Elastomers LLC, that provides employees with extensive cover for inappropriate workplace behavior under the guise of the National...more

Steptoe & Johnson PLLC

NLRB Gives Workers Greater Leeway to Engage in Abusive Conduct

Steptoe & Johnson PLLC on

On May 1, 2023, the National Labor Relations Board (the Board) issued its decision in Lion Elastomers LLC II and made it more difficult for employers to discipline employees for misconduct and outbursts. Now employers must...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Recognizes Weingarten Rights for Strike Replacement Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Jackson Lewis P.C.

NLRB Reminds Employers Importance of Applying Consistent Discipline Policies in Workplace

Jackson Lewis P.C. on

Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act...more

Bradley Arant Boult Cummings LLP

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

Bradley Arant Boult Cummings LLP on

A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

Stevens & Lee

Is the NLRB Looking to Expand Weingarten Rights?

Stevens & Lee on

A new National Labor Relations Board (the “Board”) decision has laid the groundwork for the Board to extend “Weingarten” rights – the right of union employees to have a union representative accompany them at disciplinary...more

Constangy, Brooks, Smith & Prophete, LLP

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

Proskauer - Labor Relations Update

NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith

Proskauer - Labor Relations Update on

In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

NLRB Rules That Employers Need Not Tolerate Sexist, Racist, Or Abusive Conduct By Employees Engaged In Otherwise Protected...

Fisher Phillips on

In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more

Davis Wright Tremaine LLP

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

Davis Wright Tremaine LLP on

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

Davis Wright Tremaine LLP

NLRB Restores Employers' Right to Freely Discipline Represented Employees Before Reaching a First Contract

Davis Wright Tremaine LLP on

Since the enactment of the National Labor Relations Act in 1935, employers maintained their right to discipline newly-represented employees while bargaining for a first contract without having to provide the union notice and...more

Constangy, Brooks, Smith & Prophete, LLP

Hit The Reset Button: NLRB Restores Precedent On Bargaining Obligations For Discretionary Discipline

Constangy, Brooks, Smith & Prophete, LLP on

On June 23, the National Labor Relations Board issued a decision in Care One at New Milford, finding that employers have no statutory obligation to bargain before instituting discretionary employee discipline that is...more

Proskauer - Labor Relations Update

NLRB Restores Precedent, Gives Employers Freedom to Unilaterally Discipline Union Employees Between Certification and First...

Proskauer - Labor Relations Update on

The National Labor Relations Board continues to overrule Obama-Board precedent at a rapid pace. On June 23, 2020, in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109, the Board...more

Sherman & Howard L.L.C.

The NLRB Finally Cancels Pre-Disciplinary Bargaining

Sherman & Howard L.L.C. on

In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that...more

Jackson Lewis P.C.

NLRB Overrules 2016 Precedent, Eliminates Pre-Contract Obligation To Bargain Over Discipline

Jackson Lewis P.C. on

Reversing a four-year-old decision on the standard for employee discipline in advance of a first contract that many employers found onerous, the National Labor Relations Board (NLRB) has overruled Total Security Management...more

Parker Poe Adams & Bernstein LLP

National Labor Relations Board Reopens Rules Related to Union Activity

Parker Poe Adams & Bernstein LLP on

The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting...more

Proskauer - Labor Relations Update

Employee’s Failed Attempt To Secure Union Representation Sufficient Notice of Weingarten Request, Divided NLRB Rules

Proskauer - Labor Relations Update on

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

Proskauer - Labor Relations Update

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

Proskauer - Labor Relations Update on

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Laner Muchin, Ltd.

NLRB Rules That Employers Must Give Union Opportunity To Bargain Over Discretionary Discipline For Employees Represented By A...

Laner Muchin, Ltd. on

On August 26, 2016, the National Labor Relations Board (NLRB) held that discretionary discipline is a mandatory subject of bargaining and that employers may not unilaterally impose serious discipline (which the NLRB defines...more

Miles & Stockbridge P.C.

Save Your Soliciting for Snack Time

Miles & Stockbridge P.C. on

The United States Court of Appeals for the Eighth Circuit (the “court”) (ConAgra Foods, Inc. v. NLRB, 813 F.3d 1079 (8th Cir. 2016)) recently overturned a decision of the National Labor Relations Board (the “NLRB”) which had...more

33 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide