NLRB

The NLRB’s Mediation Push
August 30, 2018
The Equal Employment Opportunity Commission and comparable state agencies use mediation to assist in resolving cases, and several Courts require parties in a suit to participate in it. You know what other agency has it – the National Labor Relations Board (“NLRB”)—and it has been in place since December, 2005. Who knew?
Read More >

NLRB Rules in Favor of Employer in Plant Closure Dispute
August 23, 2018
In Dura-Line Corporation, 366 NLRB No. 126 (2018), the National Labor Relations Board considered whether the employer’s closure of its Middlesboro, Kentucky facility, which produced standard conduit and two types of pipes, violated Sections 8(a)(3) and (1) of the National Labor Relations Act.
Read More >

NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy
August 13, 2018
In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up sheet.
Read More >

NLRB Seeks Input Regarding Use Of Employer Email And Other Computer Resources
August 6, 2018
On August 1, 2018, the National Labor Relations Board (NLRB or Board) invited interested parties to file briefs on the standard it should apply to evaluating employer policies governing the use of computer resources, such as email.
Read More >

NLRB Seeks Increased Participation In Its ADR Program
July 22, 2018
The National Labor Relations Board (NLRB) has launched a new “pilot program” to enhance the use of its Alternative Dispute Resolution (ADR) program, established in 2005.
Read More >

Employer’s Failure to Follow Proper NLRB Procedures after Settlement Results in Entry of Default Judgment
May 13, 2018
It should come as no surprise that in the majority of the matters wherein the National Labor Relations Board (NLRB) investigates an alleged unfair labor practice and thereafter issues a complaint, the parties enter into an informal settlement agreement.
Read More >

McDonald’s & The NLRB to Settle a Nearly Four-Year Battle Involving Joint-Employer Status
March 21, 2018
On March 19, 2018, McDonald’s reached a proposed settlement with the National Labor Relations Board (the “Board”) to resolve the outstanding litigation concerning alleged labor law violations by McDonald’s franchisees.
Read More >

Recuse Me? Why the NLRB’s Order Vacating the Hy-Brand Decision Should Not Stand
March 21, 2018
Practitioners of labor law know that the 5-member panel comprising the National Labor Relations Board is appointed by the President of the United States. The Board majority (three members) are from the President’s party and the remaining two members are from the other party. As the administration changes, so does the Board majority.
Read More >

NLRB Reverses Obama-Era Decision Regarding Scope of Bargaining Units
March 8, 2018
The NLRB has overruled its 2011 Specialty Healthcare & Rehabilitation Center decision, making it more difficult for unions to cherry-pick small groups of employees in their organizing efforts.
Read More >

NLRB Upholds Discharge of Employee Whose Protected Activity Included Intentional Deception
March 6, 2018
On February 28, 2018, the National Labor Relations Board (“Board”) issued an important decision for employers and employees, reminding all that protected activity under the National Labor Relations Act does not always shield an employee from discipline.
Read More >

National Labor Relations Board Vacates Hy-Brand and Returns to Browning-Ferris Joint Employer Standard
February 26, 2018
On February 26th, the National Labor Relations Board issued an Order abruptly vacating its decision in Hy-Brand Industrial Contractors.
Read More >

NLRB GC Is Woke! (In more ways than one…)
February 22, 2018
The National Labor Relations Board’s Office of the General Counsel recently issued an Advice Memorandum and, although the employer and employee names are blanked out, it obviously is about James Damore and Google.
Read More >