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National Labor Relations Board Solicitation 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 -
Proskauer - Labor Relations Update

D.C. Circuit Court Rules NLRB’s Access to Property Test is Arbitrary

General Counsel of the National Labor Relations Board, Jennifer Abruzzo, is already on her way to accomplishing one of the objectives she laid out in her recent Advice-Memorandum 21-04. In the GC’s memo, she identified a...more

Kilpatrick

The NLRB Redefines What Constitutes “Solicitation,” Thereby Broadening The Definition And Returning to Prior Board Precedent

Kilpatrick on

The NLRB is at it again—with its decision in Wynn Las Vegas, LLC the Board has continued its practice of scaling back decisions of the Obama Board. In Wynn Las Vegas, the Board redefined “solicitation” to comport with prior...more

Davis Wright Tremaine LLP

NLRB Restores Employers Right to Discipline Workers Promoting Unions on Work Time

Employers have long been allowed to ban employee solicitations of union support in work areas on work time, but they cannot ban general discussion of unions or protected activity. The definition of what constitutes a...more

Kilpatrick

NLRB Redefines Solicitation Broadening What May Be Considered Unprotected Activity

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On May 29, 2020, the National Labor Relations Board issued a decision in Wynn Las Vegas, LLC, 369 NLRB No. 91 (2020) broadening the definition of “solicitation.” The Board overruled its prior decisions in Wal-Mart Stores, 340...more

Seyfarth Shaw LLP

NLRB Expands Definition of ‘Solicitation’ in Precedent Altering Decision

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board issued a decision in Wynn Las Vegas, LLC, 369 N.L.R.B. No. 91 (May 29, 2020) that redefines “solicitation” to include any employee activity encouraging other employees to...more

Proskauer - Labor Relations Update

NLRB Redefines “Solicitation,” Broadening Conduct that may be Considered Unprotected

On May 29, 2020, the NLRB issued an important opinion overruling two decisions in order to define the term “solicitation” in a manner consistent with prior Board decisions and the dictionary definition of the term. Wynn Las...more

Bricker Graydon LLP

NLRB rules employer can remove labor organizers from its parking lot

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The National Labor Relations Board (NLRB) recently issued another decision benefitting employers by holding that an employer does not violate the National Labor Relations Act (NLRA) when it removes from the employer’s parking...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rules That Employers May Bar Union Representatives From Their Property Even Though They Have Allowed Other Third Parties...

Setting clear and reasonable standards for taking access to an employer’s private property is high on the National Labor Relations Board’s agenda. Not only is the Board talking about issuing formal rules in this area, but the...more

Polsinelli

NLRB Rules That Employers May Ban Nonemployee Union Activity in Areas Open to the Public

Polsinelli on

On June 14, 2019, the National Labor Relations Board (“Board”) ruled in a 3-1 decision that employers may prohibit nonemployee union representatives from conducting organizing activities on employer property that is open to...more

Ballard Spahr LLP

NLRB Restricts Union Access and Activities on Employer Premises

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The National Labor Relations Board (NLRB or Board) issued a decision on June 14, reversing nearly 40 years of precedent and granting employers expanded rights to prohibit union activity by non-employees from occurring at the...more

Stoel Rives - World of Employment

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union...more

Proskauer - Labor Relations Update

Employers No Longer Have To Allow Union Representatives Use of Public Areas, NLRB Majority Rules

Citing judicial criticism, as well as the original Supreme Court decisions on the issue, the NLRB swept away years of precedent permitting union representatives to access public areas of an employer’s premises. In UPMC...more

Fisher Phillips

Labor Board Grants Employers Greater Rights To Limit Union Activity On Premises

Fisher Phillips on

The National Labor Relations Board issued a decision on Friday reversing 37 years of precedent and thereby granting employers greater rights to limit union activity on their premises. Under the “public space” exception,...more

Polsinelli

NLRB Finds Hospital’s Solicitation And Distribution Policy Unlawful

Polsinelli on

Recently, a 3-member panel of the National Labor Relations Board (“NLRB” or “Board”) ruled that the University of Pittsburgh Medical Center (“UPMC”) unlawfully prohibited off-duty employees from distributing literature in...more

Foley & Lardner LLP

NLRB: Employer Should Not Have Asked an Employee How Things Were Going During a Union Campaign

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Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting...more

Proskauer - Labor Relations Update

Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules

We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated...more

Seyfarth Shaw LLP

8th Circuit Upholds Employer’s Right to Discipline Workers Who Solicit During Working Time

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Last Friday, a three-judge panel for the Eighth Circuit Court of Appeals ruled in ConAgra Foods v. NLRB, case number 14-3771 (decision), that ConAgra Foods Inc. did not violate federal labor law when it disciplined a worker...more

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