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Labor Board Acts to Address Budget Deficit
The National Labor Relations Board’s General Counsel has directed the Board’s regional offices to institute cost-cutting measures in light of a significant budget deficit facing the agency for the...
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DOL’s New “Persuader Activities” Rule Is Finalized – Effective Late April 2016
The United States Department of Labor (DOL) has announced that it will publish its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) on March...
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Supreme Court Upholds Right of Public Sector Unions to Charge Mandatory Union...
By a 4-4 decision, the U.S. Supreme Court has affirmed a lower court ruling that public sector unions could require employees to pay an agency fee to a union as a condition of employment. Friedrichs v....
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NLRB General Counsel Announces Wish-List Of “Hot-Button” Issues To Be Handled...
The National Labor Relations Board’s General Counsel has assembled his latest wish-list of “hot-button” issues he hopes to present to the Board for decision when the right cases are presented to his...
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Doubling Down: NLRB Joint Employer Standard Under Dual Review
Whether the National Labor Relations Board’s recently articulated joint employer standard can withstand judicial scrutiny is about to be tested. Browning Ferris Industries of California has filed a...
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Employee Disloyalty Not Sufficient for Firing Where Part of Concerted...
The National Labor Relations Board did not err in holding a sandwich store chain violated the National Labor Relations Act by disciplining and terminating employees for placing posters on community...
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Late Mail Delivery Turns Out to be Problem [Again] for Mail Ballot Election
The NLRB has ruled that there is a significant difference between an employee’s having the opportunity to vote in an NLRB mail ballot election and his or her vote being counted. In Premier Utility...
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Obama Reappoints NLRB Member Hirozawa, But Senate Not Expected to Act Quickly
Board Member Kent Y. Hirozawa has been reappointed by President Barack Obama to a second term on the National Labor Relations Board, according to the White House. Hirozawa, whose current term expires...
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New Georgia Law Says Franchisors Generally Not Employers of Franchisees or...
The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a...
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NLRB Member Criticizes Board’s Handbook Rule Review Standard
The legality of employer work rules continues to draw National Labor Relations Board scrutiny on a regular basis. A 2-1 Board panel majority (Members Kent Hirozawa and Lauren McFerran) has found that a...
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NLRB General Counsel Proposes Severely Limiting Employers’ Right To Lawfully...
National Labor Relation Board General Counsel Richard F. Griffin has issued a Memorandum to NLRB Regional Directors, Officers-in-Charge, and Resident Officers proposing a dramatic change in Board law...
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Labor Board Will Decide Organizing Rights of Non-Teaching Employees at...
The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to...
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NLRB Requires Employer to Bargain with Union over Unilateral Use of Temp...
An Administrative Law Judge of the National Labor Relations Board recently ruled that a meat processing company had violated provisions of the National Labor Relations Act when it utilized a temporary...
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Eighth Circuit Finds Class and Collective Action Waivers Lawful Under NLRA,...
On the heels of the 7th Circuit’s May 27 Lewis v. Epic Systems decision, reported here, yesterday the Eighth Circuit Court of Appeals held that the NLRB erred in determining that Cellular Sales of...
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Supreme Court to Hear Appeal of NLRB’s Former Acting General Counsel’s...
The U.S. Supreme Court has accepted the National Labor Relations Board’s petition to decide if a former acting general counsel of the NLRB served in violation of federal law. NLRB v. SW General, Inc.,...
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Employer Attacks NLRB’s New Joint Employer Standard on All Fronts in Court Brief
Browning-Ferris Industries of California, Inc. took its first shot at convincing the U.S. Court of Appeals for the District of Columbia Circuit to reject the National Labor Relations Board’s new joint...
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Minnesota Court Rules in Persuader Lawsuit, Finds “Strong Likelihood” of...
The U.S. District Court for the District of Minnesota today ruled in Labnet Inc. d/b/a Worklaw Network, et al v. United States Department of Labor, et al, that the plaintiffs have a strong likelihood...
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NLRB Associate General Counsel Warns Regions About ‘Potential Literacy Issues’
The Associate General Counsel of the National Labor Relations Board has notified the NLRB’s Regional Directors, Officers-in-Charge and Resident Officers that they “should be cognizant of potential...
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NLRB Drops 30-Year Precedent on Employers’ Right to Unilaterally Oust Unions...
A divided National Labor Relations Board has overturned its 30-year-old rule that an employer may withdraw recognition, even without a showing of a loss of majority status, from a...
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No Supreme Court Rehearing in Case on Public Sector Unions’ Right to Charge...
The United States Supreme Court has refused to rehear Friedrichs v. California Teachers Association et al., in which the Court had issued a 4-4 opinion in April. Friedrichs v. California Teachers...
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