News & Analysis as of September 23, 2024

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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 -

Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

Littler on 3/4/2020

For over 20 years, the State of California has used tribal gaming compacts to accomplish what federal law and tribal sovereignty would otherwise forbid: forcing tribes to follow state labor law in their casinos. Recently...more

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper on 1/7/2020

Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino

Seyfarth Shaw LLP on 5/11/2017

Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of...more

Executive Labor Summary - September / October 2015

Constangy, Brooks, Smith & Prophete, LLP on 10/29/2015

Back to the Past at VW Chattanooga? - On October 23, the United Auto Workers' Local 42 filed a petition with the National Labor Relations Board to represent a bargaining unit of skilled trades workers at Volkswagen's...more

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

Dickinson Wright on 7/24/2015

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

Littler on 7/8/2015

The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

Sixth Circuit Holds National Labor Relations Act Applicable to Indian Tribe's Casino

Faegre Drinker Biddle & Reath LLP on 7/3/2015

Weighing in on a hotly contested issue, a panel of the Sixth Circuit has found that federal labor law applies to Indian tribes’ casinos, notwithstanding the tribes’ inherent sovereignty. However, the panel only did so because...more

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