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On May 17, 2005 Senior Judge Neal P. McCurn of the federal District Court for the Northern District of New York ruled that a September 2002 amendment to Section 211-a of New York’s Labor Law was preempted by Section 7...
Category: Labor Relations
Jun 18, 2004
Labor Relations
NLRB Reverses Course Again: Weingarten Rights Do Not Extend to Non-Union Workplaces
For the third time in the last 23 years, the National Labor Relations Board (the “NLRB”) has changed its position on whether non-unionized employees are entitled to so-called “Weingarten” rights...
Oct 11, 2003
Labor Relations
NLRB Reiterates that an Employer’s Implementation of Proposal to Apply “Marketplace Pay” is Unlawful
It is well settled under the National Labor Relations Act (the “NLRA”) that, after bargaining to a good faith impasse with the union that represents its employees, an employer has the right to unilaterally...
Oct 11, 2003
Labor Relations
NLRB Limits Employer Right to Discipline for Violation of No-Solicitation Rule
In an effort to strike a balance between the right of employers to control the workplace and the right of employees under the National Labor Relations Act (the “NLRA”) to engage in union organizational activity,...
Sep 08, 2003
Labor Relations
NLRB Sustains Employer’s Pre-Election Solicitation of Grievances Consistent With Prior Practice
During the period prior to a representation election conducted by the National Labor Relations Board (the “NLRB”) to determine whether a group of employees desire union representation, the National Labor Relations...
Jun 12, 2003
Labor Relations
Abusive Employee Retains NLRA Rights
Section 7 of the National Labor Relations Act (“NLRA”) protects the rights of employees to join, form and support unions, as well as to engage in other “concerted activity for the purpose of collective...
Oct 08, 2002
Labor Relations
Employer Did Not Commit Unfair Labor Practice By Barring Unions From Soliciting On Its Premises While Permitting Solicitation By Certain Charitable Organizations
In Albertson’s Inc. v. National Labor Relations Board, Nos. 00-2359, 01-1002, 2002 WL 1901861 (6th Cir. June 20, 2002), the U.S. Court of Appeals for the Sixth Circuit concluded that an employer did not commit an...
Sep 23, 2002
Labor Relations
Eighth Circuit Overturns NLRB Ruling On Supervisory Status of Television News Producers
In a recent decision, Multimedia KSDK, Inc. v. NLRB, 2002 WL 31011133 (Sept. 10, 2002), the U.S. Court of Appeals for the Eighth Circuit overturned a ruling by the National Labor Relations Board (“NLRB” or...
Jul 28, 2002
Labor Relations
NLRB Overturns Successor Bar Rule
In a recent decision, the National Labor Relations Board (the “NLRB”) limited the obligations of a successor employer to the union which represented its predecessor’s employees. MV Transportation, 337 NLRB...
Jul 11, 2002
Labor Relations
Supreme Court Rules that Reasonably Based, Unsuccessful Suit Brought for Retaliatory Purpose is not an Unfair Labor Practice
On June 24, 2002, the U.S. Supreme Court ruled that the National Labor Relations Board (the “NLRB”) applied an invalid standard in finding that an employer committed an unfair labor practice by bringing an...