Header graphic for print
Labor & Collective Bargaining

Category Archives: NLRB

Subscribe to NLRB RSS Feed

Board Permits Questioning of Employee in Workplace Misconduct Investigation, Despite Protected Activity

An employee’s dishonesty during his employer’s lawful investigation into workplace complaints could serve as a basis for discipline of the employee, even if the conduct in question took place during the employee’s exercise of Section 7 rights under the National Labor Relations Act, the National Labor Relations Board has decided. Fresenius USA Manufacturing, Inc., 362… Continue Reading

NLRB Has Cleared Up Cases after Supreme Court’s Invalidation of 2012 Recess Appointments

In Noel Canning v. NLRB, the United States Supreme Court concluded that President Barack Obama’s three recess appointments to the National Labor Relations Board in January 2012 (Sharon Block, Richard Griffin, and Terence Flynn) were invalid.  As a result, hundreds of Board decisions were invalidated. Now, Politico reports that an NLRB spokesperson said that there… Continue Reading

NLRB’s Notice of Bargaining Obligation Purports to Explain All

Amid the noise of the National Labor Relations Board’s new representation case rules, which became effective on April 14, 2015, the Board, without any fanfare, has begun issuing a new document, entitled “Notice of Bargaining Obligation,” as a companion piece accompanying the “Certification of Representative” the Board issues after a union prevails in a representation… Continue Reading

NLRB Expands Remedies for Employer’s Violation of Employee’s Weingarten Rights

The NLRB has issued a decision allowing new remedies — reinstatement and back pay (“make-whole relief”) — for certain violations of an employee’s “Weingarten” rights. E.I. Dupont de Nemours & United Steel Workers Local 6992, 362 NLRB No. 98 (May 29, 2015). In NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), the U.S. Supreme… Continue Reading

Pro-Union Worker Fired For Refusing Drug Test, Not For Anti-Union Reasons, NLRB ALJ Finds

In a strongly worded opinion, a National Labor Relations Board Administrative Law Judge sustained an employee’s discharge for refusing to drug test against an allegation of unlawful discrimination because the employee had engaged in union activity. Ozburn-Hessey Logistics, LLC, JD (ATL) 08-15 (NLRB ALJ April 28, 2015). The Judge repeatedly refused to credit the employee’s… Continue Reading

NLRB Poised to Change Rule for Unionizing Temporary Workers

Setting the stage for another likely change in Board law, the NLRB has granted review over a Regional Director’s dismissal of an election petition, where the Union sought to represent in the same bargaining unit a contractor’s own employees and temporary employees provided to the contractor by a staffing company.     In its May 18, 2015,… Continue Reading

NLRB Finds Union Improperly Interfered with Decertification Election

A union “interfere(d) with employee free choice” during the run-up to an NLRB election to decertify the union by seeking the discharge of the decertification Petitioner for alleged non-payment of dues and fees to the union, the National Labor Relations Board has held in an unpublished opinion. Bio-Medical Applications of New Jersey, Inc., Case 22-RD-114233… Continue Reading

Successor Employer Can Add Supervisor Duties to Jobs, NLRB General Counsel Found

The Division of Advice of the National Labor Relations Board’s Office of the General Counsel has determined that a “Burns” successor employer was permitted to add supervisory functions to job duties of the predecessor employer’s union-represented nurses because it timely informed the nurses and the union of its intention to do so. Chestnut Health and… Continue Reading

Board Orders Conditional Reinstatement of Undocumented Workers

The National Labor Relations Board has held on remand from a federal appeals court that “conditional reinstatement is an appropriate remedy where an employer knowingly employed individuals who lack authorization to work in the United States and then discharged them in violation of the N[ational] L[abor] R[elations] A[ct].”  Mezonos Maven Bakery, Inc., 362 NLRB No…. Continue Reading

Board Attorneys’ ‘Progressive’ View of Union’s Alleged ‘Regressive’ Bargaining Sends Parties Back to Negotiating Table

The National Labor Relations Board’s General Counsel’s Office, Division of Advice, has ordered dismissal of an unfair labor practice charge alleging bad faith “regressive” bargaining by a union. In this case, after the employees rejected decisively the employer’s final offer, the union bargaining team resumed negotiations with new demands and proposed modifications of previously agreed-upon… Continue Reading

NLRB’s “Quickie Election” Rules Effective Today

The National Labor Relations Board’s new “quickie election” rules go into effect today. (Two lawsuits challenging the rules are still pending.) Read here for more information on the rules and their impact on your organization. To learn more about the rules and other important NLRB developments, attend Jackson Lewis’ seminar, “Surveying the New Labor Law… Continue Reading

NLRB Expands Scope of Union Representatives’ Permissible Conduct during Investigatory Interviews under Weingarten

In a 2-to-1 decision, a three-member panel of the National Labor Relations Board has held it was unlawful for an employer to threaten a union steward with suspension for showing an employee, during the employer’s investigative interview about a violation of company procedure, the steward’s answer to a question asked by the interviewer, which was… Continue Reading

NLRB’s Renewed Focus On Immigration Issues Affects Complaint Cases

The General Counsel of the National Labor Relations Board has instructed agency regional directors and other officials charged with investigating unfair labor practice charges to consider whether the immigration status of affected employees may affect the Board’s ability to proceed in litigation and fashion effective remedies. On February 27, 2015, General Counsel Robert F. Griffin,… Continue Reading

House Joins Senate in Symbolic ‘Disapproval’ of Quickie Election Rule; Presidential Veto All but Certain

The House of Representatives voted 232-186 on March 19th to disapprove the new NLRB election rules slated to go into effect on April 14th. The Senate passed a similar resolution of disapproval on March 4th. Under the Congressional Review Act, Congress has the authority to “disapprove” (and thus nullify) an agency rule. However, as with… Continue Reading

Under What Circumstances Can An Employer Restrict Employees from Using Its Email System? The Answer Will Have to Wait

In Purple Communications, the National Labor Relations Board held that, absent “special circumstances” justifying specific restrictions, federal labor law requires employers to permit employees who have been provided access to their employer’s email system to use that system for union and other protected communications on non-working time. Purple Communications, Inc. 361 NLRB No. 126 (Dec…. Continue Reading

Congressmen Ask NLRB General Counsel to Explain ‘Joint-Employer’ Comments

Three Republican Congressmen – Senators Lamar Alexander (R-Tenn.) and Ron Johnson (R-Wis.), and Representative John Kline (R-Minn.) — have requested National Labor Relations Board General Counsel Richard Griffin to explain joint-employer comments he made at an October 24, 2014 labor conference urging the NLRB to adopt a more liberal joint-employer standard. Griffin has issued several… Continue Reading

NLRB General Counsel Fails to Extend Weingarten Rights to Search of Company Vehicles

A unionized employer may search a company vehicle without affording the employee who uses the vehicle an opportunity to exercise his “Weingarten rights” to have a union representative present during the search, according to an Advice Memorandum from the Office of the General Counsel of the National Labor Relations Board (“NLRB”). Southwestern Bell Telephone Company,… Continue Reading

NLRB Division of Advice on Making Unilateral Changes when Employer and Union are at Negotiations Stalemate

A unionized employer did not violate the National Labor Relations Act when, after reaching a bargaining impasse with the union, it unilaterally issued a health care proposal that gave it broad discretion to make unilateral changes to certain parts of the health care plan. According to a Memorandum issued by the National Labor Relations Board’s… Continue Reading

Congress Reviews NLRB Quickie Election Rule

In response to a move by House and Senate Republicans to block the NLRB’s “quickie election” rules, scheduled to take effect on April 14, 2015, National Labor Relations Board Chairman Mark G. Pearce issued the following statement on February 9: “The Board remains committed to the critical work of this agency and fully carrying out… Continue Reading

NLRB Begins New “Educational” Campaign in Run-Up to Quickie Election Rule

In a series of tweets, the National Labor Relations Board is using social media in an attempt to increase  concerted and union activity under the NLRA. Starting on February 4, 2015, the NLRB began tweeting exhortations to non-union employees  to utilize the Agency’s services and notifications to all employees about the broad jurisdictional reach of the NLRA:  Who… Continue Reading

Union Membership Remains Low Despite Administration’s Call on Workers to Join

According to Secretary of Labor Thomas E. Perez, a recent Bureau of Labor Statistics (BLS) report is evidence “that belonging to a union makes a powerful difference in people’s lives, providing greater economic security and helping them punch their ticket to the middle class” but data indicates union membership remains low. Although the January 23rd… Continue Reading

Chapter Two: Lawsuits Filed Challenging NLRB’s New Election Rules

Seeking a declaratory judgment and injunction against enforcement of the National Labor Relations Board’s new “quickie” election rule, on January 13, 2015, the Associated Builders and Contractors of Texas, Inc., Associated Builders and Contractors, Inc., Central Texas Chapter, and National Federation of Independent Business/Texas filed a complaint against the NLRB in the United States District… Continue Reading