In Silvan Industries, 367 NLRB No. 28 (2018), the Board decided that an employer, upon being presented with evidence that creates well-founded uncertainty as to a union’s majority support,
Continue Reading Union Election Petition Filed By Employer Not Barred By CBA
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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NLRB General Counsel Memo Provides Guidance On The Status Of Employer Rules
In December 2017, the NLRB issued a decision in Boeing Corp., which altered the Board’s test concerning the validity of workplace rules. To further clarify the decision and current
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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
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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
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Supreme Court Allows Class Action Waivers In Arbitration
In Epic Systems Corp. v. Lewis, No. 16-285, 584 U.S. ____ (May 21, 2018), the United States Supreme Court upheld the enforceability of arbitration agreements between employers and employees
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NLRB Follows Precedent Allowing Union Insignia At Work, But Did It Signal A Change?
Though it may come as a surprise to some employers, the NLRB generally recognizes the right of employees to wear union insignia (pins with union logos, etc.) while at work.
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Union Without An Election Victory? Yes, Sometimes
Normally, a union must obtain a majority of votes cast by employees in an election to be certified as the employees’ bargaining representative. However, if the employer has engaged in
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The NLRB Returns to BFI
By a brief Order announced on February 26, 2018, the NLRB overturned its precedent on joint employer for the second time in a span of almost two months. Specifically, the
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