News & Analysis as of

Unions National Labor Relations Board First Amendment

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Proskauer - California Employment Law

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

Littler

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

Littler on

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

Littler on

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

Amundsen Davis LLC on

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

Jackson Lewis P.C.

Top Five Labor Law Developments for October 2024

Jackson Lewis P.C. on

1. Former President Donald Trump’s Election Day victory leaves the National Labor Relations Board’s status uncertain, but a new general counsel appointment is likely. Currently, the Board has a 2-1 Democratic majority....more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler on

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...more

Epstein Becker & Green

FDA Wins Mifepristone Case, NLRB Denied Lower Injunctive Relief Standards, and “Trump Too Small” Denied Trademark - SCOTUS Today

Epstein Becker & Green on

Of the Supreme Court opinions issued today, the one that will draw the greatest public attention is Food and Drug Administration v. Alliance for Hippocratic Medicine, unanimously holding that the pro-life organizational...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

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2021

Jackson Lewis P.C. on

1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more

ArentFox Schiff

Scabby the Rat May Live, Says the NLRB

ArentFox Schiff on

Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more

Hinshaw & Culbertson - Employment Law...

The Scabby Saga Continues

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...more

Morgan Lewis

NLRB Protects ‘Scabby the Rat’ Instead of Neutral Parties

Morgan Lewis on

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

Ballard Spahr LLP

Scabby the Rat Lives and Joins Secondary Protests

Ballard Spahr LLP on

On July 21, 2021, in a 3-1 decision, the National Labor Relations Board (“NLRB”) ruled that a union does not violate federal labor law with the display of the infamous “Scabby the Rat,” and other similar inflatable symbols,...more

Amundsen Davis LLC

“Scabby” The Rat Gets Stay Of Execution

Amundsen Davis LLC on

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

Cozen O'Connor

NLRB Severely Limits Jurisdiction Over Religious Schools

Cozen O'Connor on

On June 10, 2020, a three-member panel of the National Labor Relations Board issued a decision limiting its own jurisdiction over the faculty of self-identified religious educational institutions. ...more

Steptoe & Johnson PLLC

NLRB Refuses to Meddle In Religious Institutions' Affairs

Steptoe & Johnson PLLC on

The National Labor Relations Board (“NLRB”) determined last week that it has no jurisdiction over faculty members at religious institutions of higher education in Bethany College, 369 NLRB No. 98. The decision overrules a...more

Littler

NLRB Reverses Course, Holds it has no Jurisdiction over Faculty at Religious Institutions of Higher Education

Littler on

In a decision released on June 10, 2020, the National Labor Relations Board reversed its prior position regarding whether the Board may exercise jurisdiction over faculty at religious institutions of higher education.  The...more

Seyfarth Shaw LLP

In An Important Ruling for Religious Educational Institutions, The National Labor Relations Board Overrules Prior Decision and...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more

Sheppard Mullin Richter & Hampton LLP

The NLRB Rethinks Its Position on When It May Assert Jurisdiction Over Religious Schools in Labor Matters Involving Faculty...

On June 10, the National Labor Relations Board (NLRB or Board) issued Bethany College, 369 NLRB No. 98, in which it held that it does not have jurisdiction over matters concerning teachers or faculty at bona fide religious...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

50 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide