News & Analysis as of

Unions Labor Relations First Amendment

Littler

The NLRB Decision on Mandatory Employer Meetings Has Other, Less Obvious Implications for Employers

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The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

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Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Stinson LLP

After 76 Years, the NLRB Declares Captive-Audience Meetings Unlawful

Stinson LLP on

On November 13, 2024, the National Labor Relations Board (NLRB) held in Amazon.com Services LLC, 373 NLRB No. 136, that "captive-audience" meetings are unlawful under the National Labor Relations Act (NLRA). Specifically, the...more

Amundsen Davis LLC

NLRB Bans Mandatory Captive Audience Meetings to Help Unions Mislead Workers

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Since 1948, employers could lawfully require employee attendance at on the clock captive audience meetings, even under threat of discharge or discipline. That changed this week as the National Labor Relations Board (NLRB), in...more

Foley & Lardner LLP

“Captive Audience” Bans: Employers Should Be Aware of This Trend

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As organized labor activity has been on the rise in recent years and stories about union-related matters have become regular news, labor relations questions have ever-increasingly become front-of-mind for employers. It is...more

FordHarrison

New Law Alert! Illinois Freedom of Speech Act and Limitations on Union (and Other Meetings)

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Real World Impact: The newly enacted Illinois Freedom of Speech Act prohibits employers in Illinois from requiring employees to participate in employer-sponsored meetings if the meeting is designed to communicate an...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

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A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Wiley Rein LLP

Connecticut Bans Corporate Meetings about Politics

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Effective as of July 1, 2022, Connecticut law purports to grant an employee a statutory cause of action against his or her employer if the employer “subjects or threatens to subject any employee to discipline or discharge”...more

Littler

Connecticut Set to Enact Ban on Employer-Sponsored Meetings

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On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July...more

Franczek P.C.

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

Franczek P.C. on

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

Morgan Lewis

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

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The National Labor Relations Board, in one of its most significant decisions in recent years on “union protest” issues, has substantially eroded the protection given to “neutral” parties when unions erect large inflatable...more

Proskauer - Labor Relations Update

Scabby the Rat Has Been Legitimized by the NLRB

A split Board concluded this week that a union did not engage in unlawful secondary activity under the NLRA when it stationed a 12-foot-tall inflatable rat—known all too well by employers as “Scabby the Rat”—and two 8-foot...more

Amundsen Davis LLC

“Scabby” The Rat Gets Stay Of Execution

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The National Labor Relations Board (NLRB) ruled 3-1 on July 21, 2021 that labor unions may continue to use large, inflatable balloons–usually in the shape of an ugly rat–to aid in publicity of labor disputes, whether...more

Proskauer - Labor Relations Update

NLRB Seeks Comment: Rats, Banners and Neutrals, Oh My!

An age old question under the National Labor Relations Act is what constitutes “picketing”? By the Supreme Court’s definition, picketing is inherently coercive and may not be directed against a neutral employer. An issue...more

Littler

D.C. Circuit Rejects NLRB’s Attempt to Certify Union Vote by University Adjunct Faculty

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The D.C. Circuit recently rebuffed the National Labor Relations Board’s attempt to assert jurisdiction over adjunct faculty at Duquesne University, a religious college. Duquesne University v. NLRB, No. No. 18-1063 (D.C. Cir....more

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

The Practical NLRB Advisor - Summer 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

Polsinelli

NLRB Finds Inflatables Debatable

Polsinelli on

“Scabby the Rat” and “Corporate Fat Cat”…beware.  A recent National Labor Relations Board (“NLRB” or the “Board”) Advice Memorandum has suggested that the use of oversized inflatable rats may constitute illegal secondary...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

Littler on

The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Franczek P.C.

NLRB General Counsel Seeks to Deflate Scabby the Rat

Franczek P.C. on

Scabby, the gnarly, diseased, inflatable rat, has long been recognized as a symbol of a labor protest. During the Obama-era, the National Labor Relations Board likened the use of Scabby to peaceful, protected activities such...more

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

Massachusetts Supreme Judicial Court Rejects Nonunion Employees’ Challenge to Unions’ Exclusive Representation of Unit Employees...

In Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466 (June 27, 2018), the Supreme Court of the United States significantly expanded the rights of nonunion public employees by...more

Seyfarth Shaw LLP

The State Of Union Funding - California And The Ninth Circuit Show How States Might Try To Mitigate The Effect of Janus

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Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just...more

Seyfarth Shaw LLP

Victory’s Motion Is Not A “SLAPP” Dunk: Petition Gathers Are Trespassing When Seeking Signatures In Front Of Store Entrances

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Synopsis: Ralphs Grocery v. Victory Consultants, 17 Cal. App. 5th 245 (2017), gives some solace to private property store owners. The Silver lining of the Victory Consultants grocery store decision—petitioners and signature...more

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