News & Analysis as of September 19, 2024

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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 -

NLRB Recognizes Weingarten Rights for Strike Replacement Employees

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/6/2022

In a decision significant to employers that employ strike replacement employees or that may consider hiring strike replacement employees, the National Labor Relations Board (NLRB) found that such employees hold the right to...more

NLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces

Proskauer - Labor Relations Update on 9/19/2017

Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of...more

NLRB’s Attempt To Incrementally Expand Weingarten Rights Rebuffed By Federal Appeals Court

Proskauer - Labor Relations Update on 8/24/2017

The NLRB suffered a setback this week when its interpretation of Weingarten rights was rebuffed by the D.C. Court of Appeals. This is the same court that recently declared the agency was acting more as an “advocate than...more

NLRB: Nonunion Employees Do Not Have A Right To A Co-Worker’s Presence During Investigatory Interviews

Foley & Lardner LLP on 5/26/2017

As we have frequently reminded our readers, even non-unionized employers need to pay close attention to the National Labor Relations Board’s (NLRB) rulings and opinions as to employees’ rights under applicable labor law. For...more

NLRB Finds Employer Did Not Need to Provide a Union Representative During a Police Interrogation During Which Management Was...

Seyfarth Shaw LLP on 2/14/2017

Seyfarth Synopsis: The NLRB held that American Medical Response of Southern California (“AMR”) did not violate an employee’s rights during a police investigation of an EMT’s gun violence threat by not providing the EMT with a...more

Right to Union Representation Applies to Employer Referrals for Drug and Alcohol Tests, NLRB Rules

Littler on 9/4/2014

The National Labor Relations Board ("Board"), in its July 31, 2014 decision in Ralph's Grocery Co., 361 NLRB No. 9 (2014), ruled that so-called "Weingarten rights" – the general right of a unionized employee to request union...more

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