The National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence
Continue Reading Are Employer Uniform and Dress Code Policies Dead?NLRB 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 the agency during the first six months of the fiscal year had increased 57% from
Continue Reading NLRB GC Seeks to Curtail Employers’ Defenses to Union Organizing Amidst Huge Increase in Union Election Petitions
NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting
Last week, the American Bar Association’s Section on Labor and Employment Law, Committee on the Developing Labor Law, gathered in Kauai for its annual mid-winter meeting, featuring presentations from top
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Lessons for Management from the John Deere Strike
The 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
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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
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The Coronavirus and Unionized Employees: Issues Options and Strategies
Private sector employers with unionized employees and even non-union employees must be especially careful when addressing certain workforce concerns connected with the coronavirus outbreak. Below, we will address common issues
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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
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Breathe, Stretch, … Strike?
Can employees engage in a concerted stretching exercise during work hours? The NLRB recently said yes.
The NLRA allows employees to engage in demonstrations to support their union, including
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“Whore Board” Is Protected Employee Speech, NLRB Finds.
In a recent decision, a Board panel majority found that an employee was unlawfully fired for writing “whore board” on an overtime sign-up sheet at work. This decision highlights
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The Hy-Brand Saga Ends, But The NLRB’s Joint Employer Journey Continues
On June 6, 2018, the NLRB issued two Orders that put an end to the Hy-Brand case, which briefly changed the NLRB’s standard for determining whether two employers were jointly
Continue Reading The Hy-Brand Saga Ends, But The NLRB’s Joint Employer Journey Continues