In another decision which will assist union efforts to organize employees, the National Labor Relations Board has radically liberalized its test for determining joint-employer status. Browning-Ferris Industries of California,...
Category: Labor Relations
Jan 13, 2015
Labor Relations
NLRB Issues Major Decision on Employer Email and Major Rule on the Conduct of Representation Elections
In one decision and one rule, the National Labor Relations Board issued two major changes that will greatly impact employers. The first, Purple Communications, 361 NLRB No. 126 (2014), reverses the Board’s prior ruling...
The D.C. Circuit Court of Appeals, in National Association of Manufacturers v. NLRB (No. 12-5068), has vacated the National Labor Relations Board’s (“NLRB”) rule requiring covered employers to conspicuously display a...
Jul 21, 2009
Labor Relations
D.C. Circuit Sets Aside NLRB Ruling that Expanded an Employer’s Ability to Restrict Employees’ Use of Company E-Mail for Union Solicitation Purposes
In a much anticipated decision in 2007, the National Labor Relations Board (the “Board”) ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...
Jul 13, 2009
Labor Relations
Employee Free Choice Act Update
Debate over the proposed Employee Free Choice Act (“EFCA”) continues behind-the-scenes in the U.S. Senate. This controversial measure, a high priority of organized labor, would change the National Labor Relations Act...
Sep 15, 2008
Labor Relations
It’s Back: the Employee Free Choice Act
Strictly speaking, the Employee Free Choice Act of 2007 is not yet back before the United States Congress. However, if the Democrats prevail in November’s Presidential election, we can expect to see Big Labor and its...
On June 19, 2008, the United States Supreme Court ruled that a California “labor neutrality” statute was preempted by federal labor law, overturning a 2006 decision by the U.S. Court of Appeals for the Ninth Circuit....
Mar 10, 2008
Labor Relations
California Appeals Court Finds Wrongful Discharge Claim Preempted by the NLRA
In Luke v. Collotype Labels USA, Inc., 159 Cal. App. 4th 1463 (2008), the California Court of Appeal found that a terminated employee’s claim for wrongful termination in violation of public policy was properly dismissed...
Jan 06, 2008
Labor Relations
NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail
In a long-awaited decision, the National Labor Relations Board (the “NLRB”) has ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...
Oct 05, 2007
Labor Relations
NLRB Continues Its Clear and Unmistakable Waiver Standard for Duty to Bargain Cases
In a recent decision, the National Labor Relations Board (“NLRB”), rejecting the contrary position of two federal appeals courts, has adhered to its longstanding rule that a unionized employer may implement new work...