A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the
Continue Reading NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at WorkplaceNLRB 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
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NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the Workplace
On December 3, Region 20 of the National Labor Relations Board issued a sweeping, consolidated complaint alleging that Whole Foods Market, Inc. violated federal labor law by maintaining and enforcing
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Civil Penalties May Be Coming To The National Labor Relations Act
If enacted into law, the so-called Build Back Better reconciliation package (“BBB”) will drastically expand the remedial power of the National Labor Relations Board (“NLRB”) effective January 1, 2022. The
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Notice Posting Requirements Are – and Remain – Postponed Due to the Coronavirus Pandemic
In an early May 2020 decision, the Board declared a temporary pause in charged parties (usually an employer) complying with the NLRB’s standard notice posting remedy in response to
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The Coronavirus and Unionized Employees: Issues Options and Strategies
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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NLRB Corrects Defect in Withdrawal of Union Recognition Doctrine
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
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
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
Continue Reading NLRB modifies rule concerning workplace changes