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NLRB ALJ Follows Invalidated NLRB Decision on Bargaining about Discipline
Although the National Labor Relations Board’s 2012 decision in Alan Ritchey, Inc., 359 NLRB No. 40 was invalidated by the United Supreme Court in Noel Canning v. NLRB (2014) because of improper Board...
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NLRB Judge Decides Employer Not Required to Agree To Union Security or Dues...
An administrative law judge of the National Labor Relations Board has rejected the contention of the NLRB’s General Counsel that an employer bargained in bad faith by refusing to agree to the union’s...
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NLRB Declines to Exercise Jurisdiction In Northwestern Case
The National Labor Relations Board has declined to assert jurisdiction in the case involving Northwestern University football players who receive grant-in-aid scholarships. As a result, the Board did...
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Are Americans Falling Back In Love … With Unions?
American workers’ attitudes toward unions have improved strikingly since 2009. Although only 6.6% of private sector workers belonged to a union in 2014 (down from 7.2% in 2009), according to a Gallup...
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NLRA Protection Accorded Class or “Collective” Action Brought By Single-Employee
The National Labor Relations Board has decided that “a single employee who files a lawsuit ostensibly on behalf of himself and other employees is engaged in protected concerted activity.” (Emphasis...
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Complaint Issued by NLRB’s Acting General Counsel was Unauthorized, Federal...
Vacating a Board order adopting an Administrative Law Judge’s decision holding that an employer violated Sections 8(a)(1) and (5) of the National Labor Relations Act by ceasing to pay longevity pay...
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NLRB Issues New Standard for Determining Joint Employer Status
As expected, the National Labor Relations Board has adopted a new standard for determining whether two employers are joint employers for purposes of collective bargaining. Browning-Ferris Industries of...
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Rats, Pigs and Cats, Oh My: Union’s Display of Large Inflatable Animals and...
Las Vegas, Nevada-based Laborers Local 872 did not violate the National Labor Relations Act by displaying four-foot high banners and inflatable animals 18 to 20 feet high around the perimeter of a...
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Quickie Elections Just Got Quicker: Electronic Signatures Okayed to Support...
The General Counsel of the National Labor Relations Board has decided to accept electronic signatures in support of a showing of interest, effective immediately. In a September 1, 2015, memorandum...
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NLRB Says Beer Dealer’s Refusal-To-Drug-Test Firing Doesn’t Mix With...
Brewing more trouble for workplace drug testing, the National Labor Relations Board has held a New York beer distributor violated the National Labor Relations Act by denying its driver helper, who...
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Fuzzy Math May Be Basis For Labor Secretary’s Claim That Union Workers Earn...
“Join the union, and you’ll make more money!” It’s a common refrain for unions trying to sell employees on the virtues of union representation. And now, Labor Secretary Thomas Perez has joined the...
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NLRB’s New Joint Employer Standard Faces First Legislative Challenge
Two days after returning from a scheduled congressional recess, senior Republican lawmakers introduced the first legislative challenge to the NLRB’s new joint employer standard, which was handed down...
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Teamsters Take Aim at Browning-Ferris Successor While Congress Entertains...
In a previous post, we reported on Browning-Ferris Industries of California Inc., 362 NLRB No. 186 (2015), a landmark National Labor Relations Board decision that established a new “test” for the NLRB...
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NLRB’s Camelot: A Less Congenial Spot for Happy Independent Contracting
Trying to keep track of the “tests” that various government agencies use to determine whether an individual is (or is not) an independent contractor? Don’t ignore the National Labor Relations Board’s...
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Drug and Alcohol Testing May Contribute to Joint Employer Finding By NLRB
We have written previously about the National Labor Relation Board’s 3-2 decision in Browning-Ferris of California, Inc., 362 NLRB No. 186 (August 27, 2015), increasing the likelihood the Board may...
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Act Two: Employer Failed to Provide Union with Available Voter Contact...
In Employer Ambushed by Labor Board’s New Election Rule, we reported that a National Labor Relations Board Hearing Officer decided that Danbury Hospital had not complied with its obligation under the...
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Company’s Property Rights Can be Trumped by Safety Concerns, Federal Court Rules
Enforcing a National Labor Relations Board order, the federal appeals court in Chicago has held an employer unlawfully denied a union safety specialist access to its facility to examine the site of a...
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Subcontractor, Temporary Staffing Agency not Joint Employers, NLRB Regional...
An NLRB case involving the construction industry provides insight into how the agency’s new joint employer standard may be applied. The Board’s decision in Browning-Ferris Industries of California,...
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Union Seeks Labor Board Review of Regional Director’s Adverse Joint Employer...
In Green JobWorks LLC/ACECO, LLC, No. 05-RC-154596 (Oct. 21, 2015), discussed here, a case believed to be the first post-Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27,...
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D.C. Circuit Ruling Yet Another Reminder of NLRB’s Handbook Initiative
Three policies in an employer’s handbook violated Section 8(a)(1) of the National Labor Relations Act, the U.S. Court of Appeals for the District of Columbia Circuit has held, agreeing with the...
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