News & Analysis as of September 19, 2024

Protected Activity

+ Follow

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 -

U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

Holland & Knight LLP on 6/6/2023

In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more

The Supreme Court Pours Some Concrete on the Right to Strike

Seyfarth Shaw LLP on 6/5/2023

On June 1, 2023, in a resounding 8-1 decision, the United States Supreme Court granted employers an important victory by holding that the National Labor Relations Act and prior precedent did not preempt a state court tort...more

Can Employees Refuse to Return to Work Because of COVID-19?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/28/2020

Parts of the country have begun the process of returning to work, in places where COVID-19 infection rates have flattened or shown a decline. But the risk of becoming infected with COVID-19 remains, and some employers may be...more

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

Proskauer - Labor Relations Update on 7/31/2019

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

NLRB General Counsel Requests To Expand Worker Protections Regarding Intermittent Or Partial Strikes

Laner Muchin, Ltd. on 11/30/2016

Intermittent or partial strikes are becoming more common as unions continue to push for an increased minimum wage, particularly in the quick-serve restaurant industry. The National Labor Relations Board's (NLRB) General...more

Strike Early, Strike Often: NLRB Urged to Expand Protections to Intermittent Strikers

Seyfarth Shaw LLP on 10/11/2016

Seyfarth Synopsis: The Office of the General Counsel for the NLRB has asked the Board to adopt a sweeping new test that will significantly broaden the protections granted to employees who engage in frequent, short-term...more

Saying “You’re Fired” Could Bring Labor Pains

Fisher Phillips on 8/19/2016

An Ohio employer recently learned the hard way that employers need to be cautious when it comes to communicating with striking employees about permanent replacements. By mistakenly telling them that their employment had been...more

NLRB Rules that Racism is a Protected Activity

Obermayer Rebmann Maxwell & Hippel LLP on 6/25/2015

Although no one reading this article would disagree with the premise that employers cannot and should not tolerate bigotry from anyone in their workforce, the NLRB apparently thinks otherwise. In a troubling decision handed...more

8 Results

View per page

Page: of 1

National Labor Relations Board › Strike › Protected Activity

"My best business intelligence, in one easy email…"