National Labor Relations Board (NLRB) Developments

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
Continue Reading Notice Posting Requirements Are – and Remain – Postponed Due to the Coronavirus Pandemic

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
Continue Reading New NLRB Case Investigation Guidelines Change How Regions Will Handle Particular Evidence and Witness Testimony

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
Continue Reading Federal Court Affirms NLRB Ruling Limiting a Union’s Right to Employer’s Financial Information

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
Continue Reading NLRB may revisit the limits of profane employee speech protected by federal labor law

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
Continue Reading NLRB Rejects Clause Mandating Arbitration of All Disputes

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
Continue Reading Scabby the Rat memo signals possible change to NLRB precedent on secondary activity