Protected Concerted Activity (PCA)

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
Continue Reading NLRB GC’s Extreme Agenda on Display at ABA Mid-Winter Meeting

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

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
Continue Reading The Coronavirus and Unionized Employees: Issues Options and Strategies

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

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
Continue Reading “Whore Board” Is Protected Employee Speech, NLRB Finds.

On January 29, 2018, the DC Circuit remanded a 2016 NLRB decision – Grill Concepts Servs., Inc., 364 NLRB No. 36 (2016) back to the Board for reconsideration
Continue Reading Second Times the Charm? The NLRB Permitted Another Chance to Analyze Restaurant’s Work Rules

The National Labor Relations Board has ruled that an employer does not necessarily violate the National Labor Relations Act by maintaining a facially neutral work rule, policy or handbook provision
Continue Reading Trump NLRB Gives Employers a Little More Leeway in Maintaining Work Rules

What goes around, comes around, they say, right? Not so fast said one NLRB Administrative Law Judge on November 22, 2017, when she held that the Communication Workers of America,
Continue Reading Union Violates the Act by Attempting to Get Employer to Exact Revenge on Their Behalf

Now that most, if not all, employees have smartphones with cameras in their pockets at all times, some employers have prohibited recording in the workplace. However, recent decisions by the
Continue Reading NLRB Rules That Workplace Recording Prohibitions Are Unlawful