Court of Appeals Reverses NLRB Finding Of No Impasse
Sometimes in negotiations the parties just cannot agree on certain items. Such a deadlock under certain circumstances can have legal consequences under the concept of “impasse,” one of the more...
View ArticleNLRB, Union Violated Act When Steward Invoked Company Handbook To Stop Member...
In the last couple of years, we have seen close scrutiny of employer handbooks by the NLRB. If the agency deems a policy, or a portion of a policy, to be something employees might reasonably construe...
View ArticleOral Arguments Heard Over Validity Of Recess Appoints Of NLRB Members
In a standing-room only courtroom in Washington, D.C., the U.S. Court of Appeals for the D.C. Circuit became the second appeals court in the last week to hear oral arguments on the validity and...
View ArticleCourt of Appeals Rules Employee Efforts To Take Over Editorial Control At...
An issue we have discussed previously is whether all employee action that is “concerted” is also protected by the NLRA. We have seen that maliciously false statements made to third parties are...
View ArticleNLRB Discards 50 Years Of Precedent – Dues Checkoff Clauses Now Survive...
Claiming that the Board “has never provided a coherent explanation” for the 50 year old rule that the obligation to continue deducting dues pursuant to a dues checkoff provision ceases upon expiration...
View ArticleHoliday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions
Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this...
View ArticleNLRB Overrules Another Longstanding Precedent: Witness Statements No Longer...
The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen. The NLRB issued a decision overruling...
View ArticleCourt Rules Recess Appointments To NLRB Unconstitutional, More Uncertainty To...
As we noted last month, the federal court of appeals in DC heard the first case on the constitutionality of the recess appointments to the NLRB. Today, a three judge panel ruled unanimously that the...
View ArticleThe End of an Error
Unnoticed and with no fanfare, the Board brought the two member era to a close with its adoption of the last of the two member Board decisions, The Fremont-Rideout Health Group, 359 NLRB No. 51...
View ArticleAmbush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On...
The fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and...
View ArticleUpdate: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments
The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and...
View ArticleNLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does...
As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the...
View ArticleNLRB: Employer Responsible For Backpay Of Union Representative Allegedly...
The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries after being pushed down a flight of stairs at a work site. The case is Norquay...
View ArticleGeneral Counsel’s Division of Advice Issues Helpful Guidance on...
As we reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain...
View ArticleU.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case
As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were...
View ArticleDC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation...
A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their...
View ArticleNo Surprises in Senate Committee Hearing on NLRB Nominees
There were no real surprises at today’s Senate HELP Committee’s hearing on President Obama’s five NLRB member nominees. The Senate Committee members agreed that the nominees were well qualified for the...
View ArticleEmployer Merely Granted Employee’s Wish To Be Terminated, NLRB Div. Of Advice...
Social media permeates society. It was inevitable that the increased use of smart phones and various communications platforms such as Facebook and Twitter would clash with the workplace. We have...
View ArticleNLRB Upholds One Election, Overturns Another In Pair Of Decisions
The very real questions about the NLRB’s decision-making authority may have finally slowed the agency down. We have come to expect over the last few years, a relentless expansion of NLRB authority and...
View ArticleNLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing...
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