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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No End In Sight: The NLRB’s Joint Employer Standard
There is another yet another development in saga of the NLRB’s joint employer standard. This issue, which has caused consternation in the business community, concerns the Board’s standards for finding…
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Union Election Petition Filed By Employer Not Barred By CBA
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,…
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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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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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NLRB is likely to operate with just four members for the time being.
A fully constituted NLRB is comprised of five members. Decisions are typically issued by three-member NLRB panels. Three is also the minimum number of members the NLRB must have to…
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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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GENERAL COUNSEL ANNOUNCES HIS VIEWS ON 10(J) INJUNCTIVE RELIEF
In General Counsel Memorandum 18-05, General Counsel Peter Robb expressed his views on the use of temporary injunctions under Section 10(j) of the Act. Section 10(j) gives the NLRB…
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The D.C. Circuit Asks the NLRB to Explain its Actions in a Burns Successor Context
On May 29, 2018, the D.C. Circuit asked the NLRB to explain – and justify – why it used a “clear and unmistakable waiver” standard when dealing with a Burns…
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