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National Labor Relations Board › Remand

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 -
Bradley Arant Boult Cummings LLP

Try Again NLRB – 5th Circuit Remands Case Back After the Board’s Bait and Switch Move

Bradley Arant Boult Cummings LLP on

What happens when the NLRB asks a federal court to remand a case back to the board based on a new case holding to interpret the matter before it, the court does so, and then the board pulls a “bait and switch” to flat out...more

Parker Poe Adams & Bernstein LLP

Internal Employee Grievance Committees Can Violate Federal Labor Laws

Parker Poe Adams & Bernstein LLP on

When faced with potential employee organizing activity, some employers react by trying to address worker grievances through alternatives to union representation. Sometimes these approaches involve establishing an internal...more

Proskauer - Labor Relations Update

NLRB Nixes Reopening Remedy after Remand from D.C. Circuit

Proskauer - Labor Relations Update on

In a 2-1 decision (Members Kaplan and Ring in the Majority, with Member Prouty dissenting), the National Labor Relations Board (“NLRB” or “Board”) revisited its 2020 decision in RAV Truck & Trailer Repairs, Inc., 369 NLRB No....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

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

DirectEmployers Association on

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

D.C. Circuit Remands Hotel Certification Decision and Reminds Board to Explain Its Reasoning

Proskauer - Labor Relations Update on

On October 23, 2020, the D.C. Circuit granted Davidson Hotel Company’s petition for review of unfair labor practices resulting from its refusal to bargain with two newly-certified bargaining units, and denied the NLRB’s...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

Morrison & Foerster LLP - Left Coast Appeals on

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

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

U.S. District Court Vacates Parts of New NLRB Election Rules and Remands Non-Vacated Parts for Reconsideration

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

In an abbreviated order issued on May 30, 2020, Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board (NLRB) improperly implemented portions of the...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

Parker Poe Adams & Bernstein LLP

National Labor Relations Board Affirms Employee's Right to Complain at Team Building Lunch

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When employers establish internal forums for employee comments, they may not anticipate that employees will use this as an opportunity to criticize the company and management. Employers also may not realize that such...more

Partridge Snow & Hahn LLP

One Epic Year Later: Have You Implemented A Mandatory Arbitration Agreement Yet?

Partridge Snow & Hahn LLP on

A year ago, the United States Supreme Court issued its seminal decision in Epic Systems v. Lewis, which confirmed that employers may use mandatory individual arbitration agreements without fear of the National Labor Relations...more

Proskauer - Labor Relations Update

D.C. Circuit Weighs In On NLRB Test For Adjunct Faculty Unionization

Proskauer - Labor Relations Update on

Colleges and universities should take note of the Court of Appeals for the D.C. Circuit’s recent decision in University of Southern California v. National Labor Relations Board, Case No. 17-1149 (D.C. Cir. Mar. 12, 2019)...more

Seyfarth Shaw LLP

D.C. Circuit Denies Enforcement of NLRB’s Decision Applying Pacific Lutheran Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis: An important issue for colleges and universities is whether faculty are “managerial” employees under the National Labor Relations Act, and thus precluded from union organizing. ...more

Parker Poe Adams & Bernstein LLP

D.C. Circuit Partially Upholds Obama-Era Joint Employer Test

Parker Poe Adams & Bernstein LLP on

Perhaps the top priority of the Trump-appointed National Labor Relations Board has been to reverse its predecessor’s decision in Browning-Ferris. This decision expanded the traditional notion of joint employment, giving the...more

Roetzel & Andress

How Much Is A Good Name Worth? Ohio Supreme Court Says Damages For Defamation Are Capped

Roetzel & Andress on

In a 4-2 decision, the Ohio Supreme Court has held that Ohio’s statutory cap on noneconomic damages applies to defamation claims.[1] In light of the Court’s ruling, a $1.55 million jury award obtained by Ann Wayt, a former...more

Seyfarth Shaw LLP

NLRB Limits Protections For Striking Workers In Consolidated Communications

Seyfarth Shaw LLP on

Seyfarth Synopsis: Though the NLRA provides robust protections for striking employees, the Board’s decision in Consolidated Communications demonstrates some of the limits of those protections. On October 2, 2018, the NLRB...more

Polsinelli

Class Action Waivers: The Law of Unintended Consequences

Polsinelli on

In light of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis that class action waivers in arbitration agreements are enforceable, employers have been rejoicing. However, is their excitement misplaced? ...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Remands Arbitration Case to NLRB in Light of Supreme Court Decision

Parker Poe Adams & Bernstein LLP on

In May in its Epic Systems decision, the U.S. Supreme Court upheld the ability of employers to compel individual mandatory arbitration of employment disputes as an alternative to class or collective action litigation....more

Lewitt Hackman

FRANCHISEE 101: Class Not in Session

Lewitt Hackman on

In May, the U.S. Supreme Court held that mandatory arbitration agreements containing class action or collective action waivers must be enforced as written....more

Spilman Thomas & Battle, PLLC

The Case for Class - Class Action Waivers in Arbitration Agreements

Spilman Thomas & Battle, PLLC on

Last month, in Epic Systems Corp. v. Lewis, the Supreme Court of the United States decided class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”). A class action...more

A&O Shearman

Hot Topics: Enforceability Of Arbitration Provisions In Employment Agreements

A&O Shearman on

On May 21, 2018, in a 5-4 decision, the United States Supreme Court held, in Epic Systems Corp. v. Lewis, that arbitration clauses in employment contracts requiring individualized proceedings are enforceable and thereby...more

Kelley Drye & Warren LLP

When Arbitration is in Play, Class Action is off the Table

Kelley Drye & Warren LLP on

In the decision rendered by the Supreme Court in Epic Systems Corp. v. Lewis, employers are able to enforce individual arbitration proceedings if arbitration was agreed to in an employment contract. Settling a Circuit split...more

Davis Wright Tremaine LLP

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements: What Now?

Davis Wright Tremaine LLP on

You already know that on May 21, 2018, the U.S. Supreme Court issued a 5-4 decision in Epic Systems. The Court’s long-awaited decision finally and conclusively establishes that class waivers in arbitration agreements between...more

PilieroMazza PLLC

Worried About Class Actions? SCOTUS Recently Handed Employers a Hall Pass.

PilieroMazza PLLC on

Last week, the U.S. Supreme Court held in Epic Systems v. Lewis that employers may, as a condition of employment, require employees to sign arbitration agreements containing class action waivers. The Court rejected the NLRB’s...more

K&L Gates LLP

It’s Epic: Supreme Court Approves Class-Action Waivers in Employment Agreements

K&L Gates LLP on

The U.S. Supreme Court has again emphasized that parties to arbitration agreements have great latitude in structuring their agreements, including the ability to require bilateral — as opposed to class — arbitration. ...more

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