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NLRA, NLRB: Anticipated increased activity and requirements by the Board.

Anticipate a requirement by the National Labor Relations Board that employers post a notice about rights of employees, unionized or not, to discuss working conditions, pay, benefits unionization, safety, etc. These are not new rights, but apparently the Board has decided those rights need to be publicized...

Lareau on NLRB Decision in New York New York

In 2001, the NLRB held that a hotel/casino had violated the NLRA by refusing to allow Ark's off-duty employees to handbill the hotel's customers at the entrance to the hotel and at the entrances to Ark's restaurants. In March 2011, the NLRB, split 3-1, again concluding that the hotel/casino's...

House Passes Bill to Prevent NLRB From Ordering Relocation of Work

On July 19, 2011, in response to the NLRB's issuance of complaint against Boeing arising out of Boeing's decision to build a number of its new 787 Dreamliners in a non-union plant in South Carolina, a bill entitled The Protecting Jobs From Government Interference Act, H.R.2587, was introduced...

U.S. Chamber of Commerce Files Suit to Block The NLRB's New Notice Posting Rule

According to a press release issued by the U.S. Chamber of Commerce, it and the South Carolina Chamber of Commerce, on September 20, 2011, filed a lawsuit against the National Labor Relations Board (NLRB) challenging the NLRB's new rule requiring businesses to post notices explaining employees'...

Abbey Spanier: NLRB Finds Class Action Litigation Protected Activity Under NLRA

by Jeremy Nash The National Labor Relation Board's (NLRB) recent ruling in D.R. Horton Inc. answered an important question presented by the U.S. Supreme Court's ruling last Spring in AT&T Mobility LLC v. Concepcion : does federal policy favoring arbitration apply equally in the consumer...

Is the NLRB In Need of a Dictionary?

A recent decision by the NLRB has many employers (and their lawyers) up in arms. It has left me wondering whether maybe the Board needs a dictionary. In Banner Health Systems , 358 NLRB 93 (2012), the Board held that an employer's instruction to employees to keep information confidential during...

Federal Court Rejects NLRB Challenge to State "Secret Ballot" Law

On September 5, 2012, U.S. District Court Judge Frederick J. Martone ruled that an Arizona state constitutional amendment addressing how employees choose a union was not on its face preempted by the National Labor Relations Act. The NLRB had filed suit in federal court in Phoenix, Arizona in 2011, challenging...

NLRB Announces Case Statistics for Fiscal Yeal 2012

On October 16, 2012, the National Labor Relations Board announced that in the fiscal year just ended on September 30, 2012, it had issued 341 decisions in contested cases. Of that total, 277 were unfair labor practice cases and 64 were representation cases. It also stated that the median age of pending...

New NLRB Memo on Employee Handbooks

The NLRB General Counsel issued a new memo: Report of the General Counsel Concerning Employer Rules . The overall theme is that employers may violate the National Labor Relations Act (NLRA) by merely maintaining a workplace rule that chills protected activity. Frankly, the memo is a tad on the hypersensitive...