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Union and Non-Union Employers Affected By Recent NLRB Cases and Regulations

by Michael McGuire and Bryan O'Keefe Excerpt: Over the past year, the NLRB has issued a series of cases and regulations favoring organized labor. Below we review these decisions, which impact both union and non-unionized employers. Non-unionized employers should particularly take note of...

The Obama NLRB and Confidentiality Rules

In a decision that is a preview for employers of things to come from the "new" and approved Obama NLRB, the Board affirmed an administrative law judge who found a confidentiality rule to be overly broad. MCPc, Inc. [ an enhanced version of this decision is available to lexis.com subscribers...

The Wage-and-Hour Implications of the NLRB’s Northwestern Football Player Ruling

By now you’ve likely heard that yesterday a regional director of the National Labor Relations Board ruled that Northwestern University’s scholarship athletes are “employees” of the university covered by, and entitled to organize under, the National Labor Relations Act [ an enhanced...

Northwestern University Football Players Can Unionize, Says NLRB

CHICAGO -- National Labor Relations Board Region 13 Director Peter Sung Ohr issued a decision yesterday in the case ( 13-RC-121359 ) brought by Northwestern University football players seeking to unionize, concluding that all grant-in-aid scholarship players for the football team who have not exhausted...

Internal Investigations: KBR, Inc. Fined $130,000 Over Standard Confidentiality Statement

The Securities and Exchange Commission (“SEC”) recently issued a press release announcing its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.” At issue...

NLRB Upholds Racist Speech as Protected Activity Under National Labor Relations Act

by Andrew J. Barber In a ruling which was a bit of a surprise to some in the employer community, a Judge of the National Labor Relations Board recently concluded that racist a speech made during picketing of an employer qualified as protected activity under Section 7 of the National Labor Relations...