News & Analysis as of September 25, 2024

National Labor Relations Board › Protests › The National Labor Relations Act

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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... 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 -

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

Proskauer - Labor Relations Update on 9/4/2024

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

Two New NLRB Decisions Expand Labor Rights for Non-Unionized Workers

Parker Poe Adams & Bernstein LLP on 9/8/2023

The National Labor Relations Board continues its recent streak of overturning board decisions from the Trump administration that limit the rights of employees to organize and complain about working conditions. The latest...more

NLRB Overturns Two Major Trump-Era Precedents

Benesch on 9/5/2023

This week, the National Labor Relations Board (“NLRB”) issued a series of decisions overturning two major Trump-era precedents. On August 30, 2023, the NLRB overturned Raytheon Network Centric Systems with its decisions in...more

The National Labor Relations Board Diminishes Private Property Rights. What Will It Mean?

Steptoe & Johnson PLLC on 12/22/2022

When is your property not entirely really your own? Well, the National Labor Relations Board (the Board) ended the week by giving an answer not many employers will like. On Friday, December 16, 2022, the Board issued a 3-2...more

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

Bradley Arant Boult Cummings LLP on 9/22/2022

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

D.C. Circuit Affirms NLRB Vulgar Graffiti Ruling

Proskauer - Labor Relations Update on 8/15/2022

On August 9, 2022, the U.S. Court of Appeals for the District of Columbia held that the National Labor Relations Board (“NLRB”) had adequate justification to rule that an aluminum manufacturer (“Constellium”) violated the...more

Employer Can’t Terminate Vulgar Employee Because of Spotty Disciplinary Record – A 5-Step Plan to Avoid the Same Fate

Fisher Phillips on 8/12/2022

One of the nation’s most powerful federal appeals courts just ruled that the NLRB was correct when it said a West Virginia-based manufacturing company couldn’t fire a worker for vulgar comments because it failed to...more

Employee Activism, Safety, and Support Amid Difficult Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2022

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

Walkout Wednesday—What Rights Do Employers Have?

Polsinelli on 8/10/2021

Walkouts by non-union employees have increased sharply over the past couple of years. “Walkout Wednesdays” have become a favorite organizing strategy for labor unions. Unions, like SEIU, make a significant investment of their...more

OFCCP Week In Review: July 2021 #4

DirectEmployers Association on 7/26/2021

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

Scabby The Rat to Remain a Fixture at Union Protests

Fisher Phillips on 7/22/2021

In a 3-1 decision, the National Labor Relations Board (NLRB) has ruled that unions may continue deploying “Scabby” the inflatable rat and similar balloons at demonstrations against non-union businesses. The board considered...more

The Nine Lives Of Scabby The Rat

Husch Blackwell LLP on 2/22/2021

The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large...more

A Resurrected PRO Act Could Pay Dividends For Big Labor This Time Around

Fisher Phillips on 2/9/2021

As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more

Labor Board Confirms Employees’ Uniform Protest Is Protected Activity

Fisher Phillips on 11/18/2020

The National Labor Relations Board recently ruled that an employer could not discipline a group of protesting employees who reported to work in street clothes instead of their uniforms to draw attention to a uniform shortage....more

Top Five Labor Law Developments For September 2020

Jackson Lewis P.C. on 10/19/2020

1.National Labor Relations Board (NLRB) General Counsel Peter Robb has issued guidance addressing employer assistance in union organizing and decertification elections. In Memorandum GC 20-13 (Sept. 4, 2020), “Guidance...more

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Shaw LLP on 9/28/2020

Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

National Walkout Called For July 20

Jackson Lewis P.C. on 7/20/2020

A national coalition of labor unions and social justice groups is calling for a nationwide strike on July 20, 2020, to publicize issues of racial equality and police treatment of minorities. Branded the “Strike for Black...more

When Twitter Fingers Cross a Line: An Employer’s Guide to Navigating Offensive Off-Duty Employee Conduct

Miles & Stockbridge P.C. on 6/15/2020

You don’t need a legal blog to tell you that the country is in a state of extreme unrest regarding the killings of George Floyd, Ahmaud Arbery, Breonna Taylor and so many other Black people, at the hands of police and in...more

Dealing with Employee Protests and Strikes due to COVID-19 Concerns

Cozen O'Connor on 4/9/2020

The COVID-19 outbreak has rendered many workplaces dormant, but frontline workers in the grocery, delivery, and medical fields are feeling the effects of the massive influx in demand for their services caused by the pandemic....more

Labor Gets Wishlist Bill Passed In House

Fisher Phillips on 2/11/2020

The U.S. House of Representatives just passed a bill that would tilt the scales of labor law unequivocally in favor of organized labor. The Protecting the Right to Organize (PRO) Act would bring about a radical shift in labor...more

NLRB Strengthens Property Rights, Employers May Limit Off-Duty Access By Contractors’ Employees

Jackson Lewis P.C. on 9/30/2019

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may exclude off-duty contractor employees from engaging in leafletting and other Section 7 activity on its property, unless: (1) the...more

NLRB Continues Trend to Protect Employer Property Rights

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/12/2019

Coming on the heels of its decision in Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019) in which the Board rebalanced the rights of property owners versus...more

NLRB Continues to Define Employer Ability to Protect Property and Access; Overturns Union-Friendly Precedent

Benesch on 9/10/2019

On Friday, September 6, 2019, the National Labor Relations Board (the “Board”) issued its third decision of the summer regarding employers’ ability to restrict access by nonemployees to its property (see prior analysis: Board...more

Scabby The Rat Could Face Extermination Under Labor Board General Counsel’s Recommendation

Jackson Lewis P.C. on 6/26/2019

A recent Advice Memorandum from the National Labor Relations Board’s (NLRB) General Counsel’s office (GC Office) has recommended that the Board engage in pest control. As background, federal labor law strictly regulates...more

NLRB Reigns In The Definition Of Concerted Activity

Seyfarth Shaw LLP on 2/21/2019

Seyfarth Synopsis: The NLRB has overturned a previous decision defining any employee’s protest in a group setting as protected concerted activity. In Alstate Maintenance, the Board has sought to adhere to the principles...more

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