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
Uber Drivers are Contractors, Not Employees, According to NLRB’s Chief Lawyer
Since the emergence of the “gig economy” in the last decade, courts and government agencies have grappled with the question of whether gig workers should be classified as employees or contractors. The answer to that question has enormous consequences for employee coverage under various federal and state employment laws, ranging from anti-discrimination statutes like Title
New Jersey Employers: The Minimum Wage Will Eventually Rise to $15 per hour by 2024
On Monday, February 4, Governor Phil Murphy made good on a campaign promise and signed into law a new bill (A-15) that will raise the State’s minimum wage to $15 per hour by 2024. This hike in minimum wage, however, will not happen immediately and increases will be phased in over time.
Currently, the minimum
NLRB: Individual Complaints Are Not Protected By Labor Law
Employee complaints must be “concerted” to enjoy the protections of federal labor law. This requirement, contained in the language of the NLRA, stems from the collective nature of rights guaranteed by the NLRA, which ensure protection for union activity or activity that is made for “mutual aid or protection.” Despite rather clear statutory language, the