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National Labor Relations Board › Internal Investigations › 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 -
Foley & Lardner LLP

NLRB Upholds Interview Disclosure Requirements Established in 1964 “Johnnie’s Poultry” Decision

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As we updated our readers last week, the National Labor Relations Board (NLRB or the “Board”) ended 2022 with a series of decisions that will impact employers going into 2023 and beyond. Among those decisions was strong...more

Miles & Stockbridge P.C.

NLRB Tackles Employee Interrogations, Property Rights and More in December

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The National Labor Relations Board issued a flurry of employee-friendly decisions last week, continuing its move away from the more employer-friendly rulings by the Trump Board and, in many cases, returning to or reaffirming,...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

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In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Proskauer - Labor Relations Update

NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations

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NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more

Dechert LLP

National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions

Dechert LLP on

In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more

White and Williams LLP

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

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Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

Littler on

In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

Ballard Spahr LLP

NLRB Decision Serves as Reminder of Weingarten Requirements

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More than 40 years after the U.S. Supreme Court's decision in NLRB v. Weingarten Inc., the National Labor Relations Board's (NLRB) recent decision in Circus Circus Casinos Inc. serves as a good reminder for employers...more

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

Weingarten Rights Only Apply When Requested - What Constitutes a Legally Sufficient Request?

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The recent split decision of the National Labor Relations Board (NLRB) in Circus Circus Casinos, Inc., 366 NLRB No. 110 (June 15, 2018), is a reminder that the validity of an employee’s request for Weingarten assistance at an...more

Proskauer - Labor Relations Update

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

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The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Proskauer - Labor Relations Update

Unicorn Sighting: NLRB Overturns ALJ Credibility Determination

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As we have seen, there are few things that can be counted on in labor relations. Oftentimes, several experts look at the same problem and come to vastly different conclusions. What is (almost) guaranteed, however, is that the...more

Troutman Pepper

Employees’ Right To Representation During Employer Interviews

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Q.  I am the HR Manager for a non-union workplace and we are investigating an issue involving employee misconduct. One of the employees whom I want to interview has requested that a coworker attend the interview as his...more

Fisher Phillips

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

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Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Proskauer - Labor Relations Update

Circuit Court Rejects Attack On NLRB’s New Witness Rule

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During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Fisher Phillips

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

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The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

Foley & Lardner LLP

How Not to Fire a Union Organizer

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The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

Foley & Lardner LLP

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

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For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - July / August 2015

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Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

Pullman & Comley - School Law

Disciplinary Investigations of Employees – Three Names to Know

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Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

Obermayer Rebmann Maxwell & Hippel LLP

NLRB Gives Employers a Hangover: Longstanding Anheuser-Busch decision overruled

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More than 35 years after its decision in Anheuser-Busch, Inc., 237 NLRB 982 (1978), the NLRB has reversed course and held that employers may no longer summarily reject union requests for witness statements obtained in...more

Littler

Board Overrules Longstanding Protections Against Disclosure of Witness Statements

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Since 1978, the National Labor Relations Board (NLRB) has treated witness statements as exempt from an employer’s general duty to furnish information to unions under Section 8(a)(5) of the National Labor Relations Act (NLRA)....more

Morgan Lewis

NLRB Limits Confidentiality in Workplace Investigations

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In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

Proskauer - Labor Relations

Union Represented Employee Not Entitled To Co-Worker Witness During Investigatory Interview, NLRB Rules

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The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board...more

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