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National Labor Relations Board › Unions › Wrongful Termination

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 -
BakerHostetler

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

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“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on...more

Bodman

NLRB Telegraphs Possible New Standard for Employee Email Use

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On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more

Constangy, Brooks, Smith & Prophete, LLP

Nasty language may be protected concerted activity, court says

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Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues Memos Calling for New Harsher Penalties for Unfair Labor Practice Violations

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As we previously reported, the National Labor Relations Board (“NLRB” or the “Board”) has been undergoing a seismic change of direction. With two memoranda published September 8th and September 15th, NLRB General Counsel...more

Parker Poe Adams & Bernstein LLP

First Circuit Upholds Employee's Right to Publicly Complain About Working Conditions

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Section 7 of the National Labor Relations Act protects the rights of employees to engage in “concerted activity,” regardless of whether they are members of a union. Concerted activity means two or more employees working...more

Foley Hoag LLP

NLRB Addresses Labor Issues Arising from COVID-19

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Since the beginning of the COVID-19 pandemic, U.S. employers have struggled with how to address the unanticipated ramifications of the pandemic while at the same time meeting their obligations under federal labor law. ...more

Littler

NLRB Returns to Time-Honored Standard for Post-Arbitral Deferral

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The National Labor Relations Board recently overturned a decision issued in 2014 and returned to its time-honored standard for post-arbitral deferral in unfair labor practice cases alleging discipline or discharge in...more

Sheppard Mullin Richter & Hampton LLP

NLRB Reinstates Broad Deferral of Discrimination Cases to Arbitration, Overruling the Obama Board’s 2014 Decision in Babcock &...

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The Trump National Labor Relations Board (Board or NLRB) gifted employers a significant win on the eve of the Christmas holiday with its December 23 decision in United Parcel Service, Inc., 369 NLRB No. 1 (UPS), which...more

Proskauer - Labor Relations Update

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions

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In yet another end-of-2019 decision overruling significant NLRA precedent, the Board reverted to the less stringent Spielberg / Olin standard for determining whether to defer to arbitration decisions in the context of Section...more

Ballard Spahr LLP

NLRB Revives Prior Standard on Arbitral Deference

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On December 23, 2019, the National Labor Relations Board (NLRB, or the Board) overturned an Obama-era decision regarding deference to labor arbitration proceedings....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

Benesch

Misclassifying Workers Does Not Violate National Labor Relations Act

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On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...more

Seyfarth Shaw LLP

NLRB Reigns In The Definition Of Concerted Activity

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Seyfarth Synopsis: The NLRB has overturned a previous decision defining any employee’s protest in a group setting as protected concerted activity. In Alstate Maintenance, the Board has sought to adhere to the principles...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - May / June 2017

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NEWS & ANALYSIS - Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more

Proskauer - Labor Relations Update

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

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A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights...more

Proskauer - Labor Relations Update

NLRB Settlements Can Be Tricky, Especially If You Don’t Inform The Agency

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The last few decisions issued by the NLRB have addressed a wide spectrum of rather unique situations. Just in the last several days we saw decisions involving a combative registered nurse and a human resources representative...more

Kelley Drye & Warren LLP

Seventh Circuit Decision Drives Home Importance of Prudence in Communicating With Employees About Union Issues

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In AutoNation, Inc. v. NLRB, the Seventh Circuit enforced a National Labor Relations Board decision that found a car dealership to be in violation of the National Labor Relations Act for interfering with workers’ efforts to...more

Foley & Lardner LLP

Be Careful What You Say During a Union Organizing Campaign

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At the same time that the current National Labor Relations Board is giving employees what seems like the unfettered ability to engage in disparagement, profane outbursts, and racist comments that accompany protected union or...more

Sherman & Howard L.L.C.

Drug Test Entitles Workers to Union Rep

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The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. Manhattan Beer Distribs. LLC, 362 N.L.R.B. No. 192 (August 27, 2015). In this...more

Fisher Phillips

Be Careful What You Say: Allegations Of Worker Misconduct Might Be Defamation

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Healthcare institutions have a moral and legal obligation to promote patient safety as an essential component of patient care. Supervisors and managers must be supportive of their staffs while remaining vigilant about the...more

Foley & Lardner LLP

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

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Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Hinshaw & Culbertson LLP

Aching Joints: Franchisor Avoids Liability for Franchisee's Labor Disputes

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Any time an employer is involved in a franchise relationship, there are bound to be unique issues when legal disputes arise, particularly in the employment context. It is no longer surprising to see the names of any and all...more

Holland & Knight LLP

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

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The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

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