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National Labor Relations Board The National Labor Relations Act First Amendment

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 -
Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on

The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

McNees Wallace & Nurick LLC

Political Discourse in the Workplace: Considerations for Employers

With a presidential election just around the corner, employers can expect to see an uptick in political discussions in the workplace, if they haven’t already. The days when coworkers typically refrained from discussing...more

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler on

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

Robinson+Cole Manufacturing Law Blog

2024 Election – Can It Be A Hot Topic In Your Workplace?

With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?...more

Venable LLP

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Sherman & Howard L.L.C.

Court's Bench-slap of NLRB Whipsaws Employers, Unions, Arbitration, & Even the First Amendment

The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more

Holland & Knight LLP

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

Holland & Knight LLP on

The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

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

Employee Activism, Safety, and Support Amid Difficult Issues

Recent social and political controversies, such as rulings from the Supreme Court of the United States, international conflicts, and mass shootings, are likely to cause more employees to voice their opinions and frustrations...more

Franczek P.C.

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

Franczek P.C. on

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2021

Jackson Lewis P.C. on

1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more

ArentFox Schiff

Scabby the Rat May Live, Says the NLRB

ArentFox Schiff on

Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more

Hinshaw & Culbertson - Employment Law...

The Scabby Saga Continues

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more

Morgan Lewis

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

Morgan Lewis on

The National Labor Relations Board, in one of its most significant decisions in recent years on “union protest” issues, has substantially eroded the protection given to “neutral” parties when unions erect large inflatable...more

Proskauer - Labor Relations Update

Scabby the Rat Has Been Legitimized by the NLRB

A split Board concluded this week that a union did not engage in unlawful secondary activity under the NLRA when it stationed a 12-foot-tall inflatable rat—known all too well by employers as “Scabby the Rat”—and two 8-foot...more

Amundsen Davis LLC

“Scabby” The Rat Gets Stay Of Execution

Amundsen Davis LLC on

The National Labor Relations Board (NLRB) ruled 3-1 on July 21, 2021 that labor unions may continue to use large, inflatable balloons–usually in the shape of an ugly rat–to aid in publicity of labor disputes, whether...more

Constangy, Brooks, Smith & Prophete, LLP

This 'n' That In Labor And Employment Law

Here's what's been going on this week. Some noteworthy labor and employment developments from the past week, in no particular order: Court rules against Christian teacher who wouldn't use kids' names, preferred...more

Bradley Arant Boult Cummings LLP

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

Jackson Lewis P.C.

Top Five Labor Law Developments For November 2020

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) provided guidance on the propriety of mail or manual ballot elections. Aspirus Keweenaw, 370 NLRB No. 45 (Nov. 9, 2020). In this case, the NLRB set forth the considerations...more

DirectEmployers Association

OFCCP Week In Review: November 2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Proskauer - Labor Relations Update

NLRB Seeks Comment: Rats, Banners and Neutrals, Oh My!

An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more

Farella Braun + Martel LLP

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

Ward and Smith, P.A.

Political Speech in the Workplace (And What – If Anything – To Do About It)

Ward and Smith, P.A. on

Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion. Many who do have jobs and bring those opinions into the workplace....more

McGlinchey Stafford

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

McGlinchey Stafford on

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

Seyfarth Shaw LLP

Turbulence Ahead: Navigating Political Speech in the Workplace during an Election Year and Global Pandemic

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a tumultuous year full of social unrest, a pandemic, and a Presidential election, it is no wonder employers find themselves grappling with how—and whether—to regulate politics in the workplace.  Options...more

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