Like the return of swallows to Capistrano, the change in the White House from Republican to Democrat – or vice versa – predictably alters the majority of Members constituting the National Labor Relations Board. This...
Category: Labor Relations
The recently appointed Acting General Counsel of the National Labor Relations Board (the “NLRB” or the “Board”) has issued guidance that he will support pre-recognition neutrality agreements entered into between...
The National Labor Relations Board (“NLRB” or “Board”) recently announced its final rule, effective April 16, 2020, which abandons key components of the 2014 “quickie” election procedures adopted during the Obama...
Jan 03, 2020
Labor Relations
Employer’s Right to Prohibit Employees’ Use of Work Email for Nonbusiness Purposes Re-established by NLRB Decision
Employees no longer have a right under the National Labor Relations Act (“NLRA”) to use employer-provided email during nonwork time for union organizing purposes. In Caesar’s Entertainment d/b/a Rio All-Suites Hotel...
Jan 03, 2020
Labor Relations
Confidential Workplace Investigations Are Now Presumptively Lawful Under the National Labor Relations Act
In Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (Dec. 16, 2019), the Board continued its reversal of Obama-era precedent by holding that work rules requiring employees to maintain confidentiality during...
Related article: New NLRB General Counsel’s Revolutionary Reversal of Direction On December 14, 2017, in a 3-2 decision in Boeing Company, 365 NLRB No. 154, the National Labor Relations Board (NLRB) overruled its decision...
The newly-appointed General Counsel (GC) of the National Labor Relations Board (NLRB), Peter B. Robb, issued his first GC Memorandum (GC 18-02) on December 1, 2017, which provides guidance on the priorities of the Trump-era...
The National Labor Relations Board (the “NLRB” or “Board”) is a federal agency created by Congress in 1935 to administer the National Labor Relations Act (the “NLRA”). The Board functions...
Sep 07, 2016
Labor Relations
NLRB: Employer Obligated To Bargain Over “Discretionary Discipline” Arising Before CBA Is Negotiated
In the period after a labor union is newly-certified or first recognized by the employer and before a disciplinary procedure has been negotiated and set forth in a collective bargaining agreement, the employer now will be...
Jun 27, 2016
Labor Relations
Federal District Court Enjoins Department of Labor’s New Persuader Rule
A United States District Court Judge in Lubbock, Texas has issued an Order against the United States Department of Labor (“DOL”) enjoining on a nationwide basis the DOL’s Persuader Advice Exemption Rule (“Persuader...