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National Labor Relations Board › Unions › Special Circumstances Doctrine

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 -
Constangy, Brooks, Smith & Prophete, LLP

The pendulum swings on dress codes, uniform policies, and union apparel. Can you justify your policy?

Constangy, Brooks, Smith & Prophete, LLP on

In August 2022 the National Labor Relations Board issued its decision in Tesla, Inc.,holding that an employer bears the burden of proving “special circumstances” if it “interferes in any way with its employees’ right to...more

Morgan Lewis

Did Federal Labor Law Just Abolish Your Organization’s Dress Code or Uniform Policy?

Morgan Lewis on

The US National Labor Relations Board recently issued its first precedent-shifting decision under the Biden-Harris administration concerning employer dress codes and uniform policies. The Board, in a 3-2 split decision, held...more

Franczek P.C.

Adventures in Buttonland: NLRB Rejects Employer Attempts to Ban Buttons at Work

Franczek P.C. on

Two recent cases, one from the National Labor Relations Board, and one from a federal court of appeals enforcing an NLRB decision, highlight the risk an employer runs when it seeks to prohibit its employees from wearing...more

Foley & Lardner LLP

D.C. Circuit Releases Employer From NLRB Jail

Foley & Lardner LLP on

We have frequently commented on the National Labor Relations Board’s (NLRB) expansion and creation of sweeping protections to employees engaging in union organizing and other activities protected under the National Labor...more

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

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

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

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E....more

FordHarrison

D.C. Circuit Reverses NLRB's Decision that AT&T Violated Employees' Rights When It Suspended Employees for Wearing T-Shirt...

FordHarrison on

It was probably not that surprising that the U.S. Court of Appeals for the District of Columbia reversed the National Labor Relations Board's (NLRB) decision in Southern New England Telephone Company, 1356 NLRB No. 118...more

Mintz - Employment, Labor & Benefits...

AT&T “Prisoners” Can’t Escape Common Sense: D.C. Circuit Shackles NLRB T-shirt Decision

Mintz - Employment, Labor & Benefits... on

In a refreshing decision for employers, the D.C. Circuit Court of Appeals earlier this month tossed an eyebrow-raising NLRB decision which permitted AT&T customer-facing and publicly visible technicians to wear faux prison...more

Franczek P.C.

Court of Appeals Rebukes NLRB: “Common Sense” Allows Employer to Prohibit Employees from Wearing “Prison Shirts”

Franczek P.C. on

Eschewing legal niceties in favor of common sense, the U.S. Court of Appeals for the District of Columbia Circuit recently ruled that AT&T did not violate federal labor law when it prohibited its employees from wearing...more

Littler

D.C. Circuit Declares AT&T Had Right to Ban "Prisoner" T-Shirts

Littler on

The U.S. Court of Appeals for the District of Columbia has ruled that AT&T had a right to forbid employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its...more

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