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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'...

Foley & Lardner Labor and Employment Law Weekly Update (Week of January 9, 2012)

Potty Mouth Employee Loses Protection Written by: Michael C. Lueder The NLRB ruled that it was unlawful for Plaza Auto Center to fire car salesman Nick Aguirre after he swore at the company's owner ( http://tinyurl.com/7cfy2dz ). Mr. Aguirre had only worked at the car dealership for two months...

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...

The Worst Idea Ever? “Unionism” as a Protected Class

Last year I wrote a post entitled The Employer's Bill of Rights . It remains one of the most read and most commented-upon posts in the five-year history of this blog. In that post, I argued that employers need certain protections from the litany of workplace rights enjoyed by employees. Many of...

McNees Wallace & Nurick: The National Labor Relations Board 2011 Year in Review

An Overview of the Board's Significant Decisions and Other Actions By Bruce D. Bagley, Esq . and Adam L. Santucci, Esq. Introduction By all accounts, 2011 was a busy year for the National Labor Relations Board ("Board"). In 2011, the Board saw a 17 percent increase in filings...

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...

U.S. Senators File Brief Seeking to Invalidate the President's Recess Appointments to NLRB

On September 26, 2012, U.S. Senate Minority Leader, Mitch McConnell, announced that he and 41 other Senators had filed an amicus curiae brief in the U.S. Court of Appeals for the District of Columbia in Noel Canning v. NLRB , Nos. 12-1115, 12-1153, challenging the constitutionality of the recess appointments...

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...

Pop Goes the Weasel . . . And the NLRA

Just when you think the NLRA has been expanded as far as it can possibly go, POP!! Along comes a decision yet again expanding the reach of the NLRA and limiting the ability of employers to manage their workforces. The latest such expansion comes from an Administrative Law Judge in an unfair labor...

The Reach of the NLRA

With a confirmed five member Board and a confirmed General Counsel, employers need to be aware that the oversight and review of personnel policies and employee handbooks which began under the prior Board will continue in earnest. At the ABA Labor and Employment Section's annual CLE conference in...

NLRB Abandons Fight Over Mandatory Workplace Poster Rule

by Christopher Collins and Ryan Duffy For over two years, the National Labor Relations Board (the “Board”) fought to require employers to post in their workplaces a notice of employee rights under the National Labor Relations Act (“NLRA”). Those efforts met with stiff opposition...

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...

"English-Only" Rule Violates NLRA

Check out the opinion in Valley Health System, LLC . An NLRB judge (Administrative Law Judge, or ALJ) held that an employer's "English-only" policy violated the National Labor Relations Act (NLRA) [ an enhanced version of this opinion is available to lexis.com subscribers ]. The employer...

Employers Might Not “Like” This Protected Concerted Activity Decision

Does the National Labor Relations Act protect the mere act of an employee clicking the “Like” button on Facebook? According to Triple D, LLC v. NLRB (2nd Cir. 10/21/15) [pdf] , the answer is yes [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. The...