The U.S. Supreme Court recently decided in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, No. 21-1449 (June 1, 2023), that the National Labor Relations Act
Continue Reading U.S. Supreme Court Makes It Easier to Sue Unions for Property DestructionAre Employer Uniform and Dress Code Policies Dead?
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
Union without an election? – NLRB’s possible return to Joy Silk Mills
Employers across the country may, in the near future, face a unionized workforce even though their employees are denied the opportunity to vote in a secret ballot election. Under current
Continue Reading Union without an election? – NLRB’s possible return to Joy Silk Mills
Supreme Court Blocks Union Access to California Farms
The Supreme Court ruled on Wednesday that a California regulation permitting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization violated the
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Are Union Neutrality Agreements Unlawful?
The NLRB’s General Counsel recently issued a memo that demonstrates his hostility toward neutrality agreements. Generally, neutrality agreements contain a promise from an employer that it will remain neutral in
Continue Reading Are Union Neutrality Agreements Unlawful?
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
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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
Continue Reading NLRB may revisit the limits of profane employee speech protected by federal labor law
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
Continue Reading Scabby the Rat memo signals possible change to NLRB precedent on secondary activity
The Ninth Circuit Gives The Green Light To Independent Contractor Ride-Sharing Collective Bargaining
Previously, I wrote about the “preemption” problem with the Seattle Ordinance regulating ride-sharing services like Uber and Lyft. After Seattle passed the Ordinance, the federal Ninth Circuit Court of Appeals
Continue Reading The Ninth Circuit Gives The Green Light To Independent Contractor Ride-Sharing Collective Bargaining