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A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act (NLRA) by prohibiting an employee from marking his uniform with “BLM” insignia. The ALJ’s June 10…
Continue Reading NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at WorkplaceNLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions
On April 6, the National Labor Relations Board announced that union representation petitions filed with…
Continue Reading NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election PetitionsEmployers across the country may, in the near future, face a unionized workforce even though…
Continue Reading Union without an election? – NLRB’s possible return to Joy Silk MillsLast week, the American Bar Association’s Section on Labor and Employment Law, Committee on the…
Continue Reading NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter MeetingThe Latest
NLRB General Counsel Jennifer Abruzzo announced, in a February 1 memorandum, that the Board will consider seeking interim injunctive relief – heretofore an extraordinary remedy reserved for particularly serious…
Continue Reading More Sound and Fury from the NLRB GC – Signifying What, Exactly?NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the Workplace
On December 3, Region 20 of the National Labor Relations Board issued a sweeping, consolidated complaint alleging that Whole Foods Market, Inc. violated federal labor law by maintaining and enforcing…
Continue Reading NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the WorkplaceThe John Deere Co. Strike – Sign of the Times?
In case you missed it, a major battle between labor and management is playing out in the heartland. On October…
Continue Reading Lessons for Management from the John Deere StrikeIf enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The…
Continue Reading Civil Penalties May Be Coming To The National Labor Relations ActIn a recent guidance memorandum, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board, has announced her intention to consider college athletes as employees under federal labor…
Continue Reading NLRB’s Top Lawyer Says College Athletes Are EmployeesAccording to news reports, the upcoming budget reconciliation bill will likely contain some portions of the PRO Act, which is a piece of proposed pro-union legislation. As detailed in…
Continue Reading Parts of the PRO Act May Become Law under the Reconciliation BillThe Supreme Court ruled on Wednesday that a California regulation permitting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization violated the…
Continue Reading Supreme Court Blocks Union Access to California FarmsCongress may be on the cusp of passing legislation that would transform labor law in dramatic ways. This proposed law has potentially dire consequences for private-sector employers nationwide.
The Protecting…
Continue Reading PRO Act: Congress Considers Fundamental Changes to Federal Labor LawWATCH THE PENDULUM SWING – NLRB’S ACTING GC ROLLS BACK PREDECESSOR’S GUIDANCE MEMORANDA
NLRB Acting General Counsel Peter Ohr is moving swiftly to put his stamp on national labor policy. Last week, my partner Andrew MacDonald blogged about Ohr’s withdrawal of a complaint…
Continue Reading WATCH THE PENDULUM SWING – NLRB’S ACTING GC ROLLS BACK PREDECESSOR’S GUIDANCE MEMORANDA