In an early May 2020 decision, the Board declared a temporary pause in charged parties (usually an employer) complying with the NLRB’s standard notice posting remedy in response to the ongoing COVID-19 public health crisis. Thereafter, on May 20, 2020, General Counsel Peter B. Robb issued GC Memo 20-06 and made this temporary change
New NLRB Case Investigation Guidelines Change How Regions Will Handle Particular Evidence and Witness Testimony
On June 17, 2020, National Labor Relations Board General Counsel Peter Robb issued GC Memo 20-08 (“Memo”), providing Regional offices new directives for taking certain witness testimony and accepting audio/video recording evidence in unfair labor practice (“ULP”) investigations.
First, the Memo instructs Regions allow a charged party – in most cases an employer – to
Federal Court Affirms NLRB Ruling Limiting a Union’s Right to Employer’s Financial Information
On April 29, 2020, the Ninth Circuit Court of Appeals affirmed a National Labor Relations Board decision where an employer was lawfully permitted to refuse a union’s request for financial information because it appropriately clarified its previous “inability to pay” statements and explained that it was only unwilling, not unable, to meet the union’s wage
NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
Employers have been privileged to withdraw recognition of a union when presented with objective evidence that the union has lost majority support of employees, but have faced significant legal risks in doing so under NLRB precedent. Some of this legal risk has been mitigated by the NLRB’s decision in Johnson Controls, Inc., 368 NLRB No.
NLRB Delays Implementation of Election Rule Changes
Due to the coronavirus outbreak, the NLRB has delayed its roll out of amendments to the “quickie” election rules, which we discussed in a previous post. Instead of becoming effective on April 16, 2020, the rule changes will now be effective on May 30, 2020. The scope of the crisis caused by the coronavirus
NLRB modifies rule concerning workplace changes
For many years, the NLRB has required evidence of a “clear and unmistakable” waiver by unions of the duty to bargain with management over workplace changes. Now, after prodding from some Courts of Appeals, the NLRB has changed its standard: employer changes to workplace conditions will only require evidence that the change is “covered” by
NLRB Makes Significant Changes to “Quickie” Election Rule
The National Labor Relations Board recently scaled back the 2015 “quickie” election rule, which had sped up the timelines for conducting union elections. Speeding up the process provided an advantage to unions by setting short deadlines that often ambushed employers, leaving them with limited time to react to the election petition. The new rule offers
NLRB may revisit the limits of profane employee speech protected by federal labor law
While it may come as a surprise, the NLRB has long held that employees are sometimes entitled to use profane language while engaging in labor activities. In recent years, the Board has found that employee speech was protected where:
- An employee posted online that his supervisor was a “NASTY MOTHER F**KER don’t know how to
NLRB Rejects Clause Mandating Arbitration of All Disputes
The National Labor Relations Board recently invalidated an arbitration agreement that would require employees to arbitrate all “all claims or controversies” with their employer, holding that such a provision would unlawfully restrict employees’ access to the Board to adjudicate labor disputes.
The Board’s decision in Prime Healthcare could reverberate widely because the language it declared
Scabby the Rat memo signals possible change to NLRB precedent on secondary activity
Federal labor law protects neutral (secondary) employers from becoming entangled in labor disputes between another (primary) employer and unions. For most of the past decade, however, the NLRB has allowed unions to set up various displays – including an inflatable rat (otherwise known as “Scabby”) and an inflatable “fat cat” – near neutral employers’ premises