News & Analysis as of September 20, 2024

Discovery

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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 members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Proskauer - Labor Relations Update on 12/6/2021

Google recently suffered a blow in its ongoing National Labor Relations Board litigation, when an Administrative Law Judge appointed to rule on a discovery dispute ordered the Silicon Valley company to turn over the lion’s...more

Despite Legality, Employee Arbitration Pacts Are No Panacea

Benesch on 6/7/2018

On May 21, 2018, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Neil Gorsuch, ended a six-year dispute started by the National Labor Relations Board’s 2012 decision in D.R. Horton. The...more

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

Franczek P.C. on 7/7/2015

For nearly 40 years, the National Labor Relations Board has followed a bright-line rule pursuant to which an employer is privileged to withhold witness statements from unions. In its 1978 Anheuser-Busch Inc. decision, the...more

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/7/2013

In yet another reversal of longstanding, bright-line precedent, the National Labor Relations Board (NLRB or Board) has changed dramatically the rule applicable to employers in responding to union information requests seeking...more

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National Labor Relations Board › Unions › Discovery

Google’s Union Campaign Strategy Documents Not Privileged, NLRB Administrative Law Judge

Despite Legality, Employee Arbitration Pacts Are No Panacea

NLRB Overrules Precedent; Allows Unions Easy Access to Employee Witness Statements

NLRB Overrules Longstanding Precedent Exempting Witness Statements from Disclosure in Grievance-Arbitration Context

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