In the latest development relating to the rights of employees represented by a union to refrain from union activity, a federal judge has struck down an Executive Order issued by President Bush that required government...
Category: Labor Relations
Nov 29, 2001
Labor Relations
Eighth Circuit Finds that News Producers and Assignment Editors Are Not Supervisors under the National Labor Relations Act
In a 2-to-1 decision of particular significance to employers in broadcast industries, the U.S. Court of Appeals for the Eighth Circuit recently ruled that television assignment editors and news producers are not supervisors...
In its seminal decision in NLRB v. J. Weingarten, 420 U.S. 251 (1975), the U.S. Supreme Court, affirming a decision of the National Labor Relations Board (the “NLRB”), ruled that an employer violates the National...
Oct 15, 2001
Labor Relations
NLRB General Counsel Issues New “Three Strike” Rule On Discriminatory Enforcement Of No Solicitation Rules
In the wake of the tragic events of September 11, many employees and charitable groups have engaged in fundraising activities in workplaces throughout the country. Responding to employer concerns that permitting this activity...
Sep 15, 2001
Labor Relations
Second Circuit Affirms NLRB Ruling That Discipline Based on Employee Objections to Policy Changes Was Unlawful
The National Labor Relations Act (the “NLRA”) protects the right of employees to engage in union activity. The scope of NLRA’s protections are far broader, however; Section 7 of the statute makes it an unfair...
Aug 15, 2001
Labor Relations
Fourth Circuit Rules Web Site Employees Cannot Accrete to Unit of Other Newspaper Employees
Ordinarily, the National Labor Relations Board (the “NLRB” or the “Board”) defines the size and scope of a potential bargaining unit in a representation proceeding and then orders an election in which...
Section 8(a)(2) of the National Labor Relations Act (the “NLRA” or the “Act”) makes it unlawful for an employer to dominate or support any labor organization. This provision was originally intended to...
Jul 05, 2001
Labor Relations
Court Affirms Unfair Labor Practice Finding Based On Anti-Union Retaliation Against Supervisor
The National Labor Relations Act (“NLRA”) protects the right of employees to engage in union activity, and prohibits discrimination or retaliation against employees who exercise that right. The NLRA, however,...
The U.S. Supreme Court has just overturned a key element of the standard long applied by the National Labor Relations Board (“NLRB”) in determining whether an employee is a supervisor. The Court ruled that certain...
Apr 05, 2001
Labor Relations
NLRB Adopts New Standard Under Which Employers May Unilaterally Withdraw Recognition From Incumbent Union
For 50 years, the National Labor Relations Board (the “NLRB”) has held that an employer may lawfully withdraw recognition unilaterally from an incumbent union if the employer has a good faith doubt, based on...