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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Andrew M. MacDonald
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NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
By Andrew M. MacDonald on
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…
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NLRB Delays Implementation of Election Rule Changes
By Andrew M. MacDonald on
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…
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NLRB modifies rule concerning workplace changes
By Andrew M. MacDonald on
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…
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NLRB Makes Significant Changes to “Quickie” Election Rule
By Andrew M. MacDonald on
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
By Andrew M. MacDonald on
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…
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NLRB Rejects Clause Mandating Arbitration of All Disputes
By Andrew M. MacDonald on
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…
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Scabby the Rat memo signals possible change to NLRB precedent on secondary activity
By Andrew M. MacDonald on
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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Uber Drivers are Contractors, Not Employees, According to NLRB’s Chief Lawyer
By Andrew M. MacDonald on
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…
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NLRB: Individual Complaints Are Not Protected By Labor Law
By Andrew M. MacDonald on
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…
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