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Category Archives: NLRB

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Former Recess Appointee Block to be Renominated to NLRB

According to multiple reports, President Barack Obama has announced  his intention to renominate Sharon Block to the National Labor Relations Board. Block was one of the Board Members whose recess appointment on January 4, 2012 was invalidated in the U.S. Supreme Court’s ruling in NLRB v. Noel Canning as unconstitutional.  Block, a former labor and… Continue Reading

U.S. Supreme Court Upholds D.C. Circuit Decision in Noel Canning Invalidating NLRB Recess Appointments

In a lengthy opinion authored by Justice Stephen Breyer, and drawing heavily on historical practice of Presidents and the Senate, the United States Supreme Court has upheld the decision of the U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, concluding that President Obama’s three recess appointments to the National Labor… Continue Reading

OSHA and NLRB Update Referral Agreement

OSHA and the NLRB have announced implementation of a joint referral agreement to redirect to the Labor Board OSHA complainants whose claims of discrimination under the OSH Act are time barred, but may form the basis of timely unfair labor practice charges under the NLRA.  The accord was disclosed by NLRB Associate General Counsel Purcell… Continue Reading

Appearing in an NLRB Notice Near You, QR Code to Board Decision

Fashioning itself another tool in its quest to educate the public about the National Labor Relations Act and the National Labor Relations Board, the NLRB has adopted a union’s request that a violation of the Act requires employers to inform employees that the Board’s decision and order is available on the agency’s website.  Durham Schools… Continue Reading

NLRB Considers Allowing Employees to Use Employers’ Electronic Communications Systems for Protected Activity

Employers often forbid employees from using company e-mail and other electronic communications systems for all non-business purposes.  Under current National Labor Relations Board decisions, such a blanket prohibition, which includes a prohibition on using these systems for Section 7 (i.e., union and other protected concerted activity) purposes is lawful as “employees have no statutory right… Continue Reading

Employer Must Bargain with Union over Requirement to Sign Interview Notes

The NLRB has found an employer’s unilateral implementation of a requirement that employees represented by a union sign the notes taken by a management representative during an investigative  interview attesting to their  veracity violates the National Labor Relations Act.  Murtis Taylor Human Services Systems, 360 NLRB No. 66 (2014).  The new signature requirement was a… Continue Reading

If NCAA Scholarship Football Players Are Employees, What Are Coaches?…Supervisors?

The decision of the Regional Director of Region 13 of the National Labor Relations Board (“NLRB”) that scholarship football players at Northwestern University are “employees” under the National Labor Relations Act (“NLRA”) has created an interesting question for all colleges and universities: Are members of coaching staffs now considered to be supervisors under the NLRA?… Continue Reading

NLRB Begins Public Hearings on Proposed New Election Rules

The National Labor Relations Board yesterday began public hearings on proposed changes to its rules  governing representation elections.  The proposed rules were published in the Federal Register on February 6, 2014. See Notice of Proposed Rulemaking Representation-Case Procedures. The deadline for initial public comments on the rules ended on April 7; reply comments are due… Continue Reading

NLRB GC Memo Sheds Light on 2013 and the Future

National Labor Relations Board General Counsel Richard Griffin’s 18-page General Counsel Memorandum (GC 14-02), “Report on the Midwinter Meeting of the ABA Practice and Procedure Committee of the Labor and Employment Law Section,” issued March 26, 2014, covers a wide-range of topics, including unfair labor practice statistics and Agency plans for guidance memoranda regarding employer… Continue Reading

Congressional Leaders Seek More Time for Comments on New Election Rule

Representatives John Kline (R-Minn.) and Phil Roe (R-Tenn.) have written to National Labor Relations Board Chairman Mark Pearce requesting a 30-day extension to the comment period to the NLRB’s re-issued proposed representation petition rule changes.  The comment and reply comment period ends on April 14, 2014.  While expressing general opposition to significant changes in pre-election procedure… Continue Reading

Northwestern Scholarship Football Players Found to be Employees Eligible for Union Representation

In a decision that has wide-ranging implications for college and university athletics programs, the Regional Director for Region 13 of the National Labor Relations Board has found that scholarship football players at Northwestern University are “employees” within the meaning of the National Labor Relations Act and eligible for union representation. The Regional Director found appropriate… Continue Reading

NLRB Gets Increase In Proposed Budget

President Obama has requested a funding increase for the National Labor Relations Board of 1.3% over existing levels in his just-released proposed budget for fiscal year 2015. The proposed budget assumes more than 1,000 more unfair labor practice cases and 140 representation cases will be filed in the next fiscal year than were filed in… Continue Reading

NLRB Precedents under GC Focus

The National Labor Relations Board’s General Counsel appears intent on convincing the Board to change its precedent in at least two key areas.   According to the General Counsel’s February 25, 2014, Operations Management Memorandum, “Mandatory Submissions to Advice,” unfair labor practice charges involving the Board’s Register Guard decision and charges involving applicability of Weingarten principles… Continue Reading

NLRB Sets Hearing, and Topics, for Representation Case Procedures

Having scheduled a public hearing (April 10 and 11, 2014) on its  resurrected proposal for  accelerated representation case procedures,    the National Labor Relations Board has published a list of “issues” it wants addressed at the hearing.  Many of these issues indicate the Board’s overhaul of its representation case procedures may be even more radical than… Continue Reading

National Labor Relations Board Revives Election Rules Amendments

The National Labor Relations Board has announced that it will propose amending its representation case procedures to accelerate the holding of union representation elections, a move that reprises a June 2011 proposal, later made final as slightly modified, that was withdrawn this January after the NLRB suffered court defeats over its adoption.   Dubbed the “ambush” or… Continue Reading

Student Gridiron “Workers” Team With Steelworkers To Forge Union at Northwestern

If the newly formed College Athletes Players Association (“CAPA”) has its way, the union will represent the football players at Northwestern University in Chicago.  CAPA wants to represent college athletes in dealing with the National Collegiate Athletic Association (“NCAA”), the group that sets rules and standards for almost all college sports. CAPA claims to represent… Continue Reading

Terminations Lawful for Statement Not Impugned by Discharged Employees’ Accompanying Protected Communication

The National Labor Relations Board’s Division of Advice has concluded an employer did not violate the National Labor Relations Act for terminating two workers for a statement about their pay and other working conditions in a survey posted online to third parties.  Varsity Brands, Inc., Case 15-CA-110683 (12-23-13).  It recommended the fired workers’ unfair labor… Continue Reading

National Labor Relations Board Pauses from Election Rules Amendments

The National Labor Relations Board has rescinded its “quickie election” amendments to the NLRB’s representation case procedures adopted in December of 2011. The Board’s action, announced on January 22, 2014, follows the 2012 decisions of the U.S. District Court for the District of Columbia in Chamber of Commerce, et al. v. NLRB.  The court decided… Continue Reading

NLRB Members Outline Plans for 2014

National Labor Relations Board Chairman Mark Gaston Pearce and Member Phillip Miscimarra predicted in an interview with Law 360 that the NLRB will be issuing a “significant” number of decisions in the coming year,   According to Miscimarra, “there’s a very significant number of cases that have been decided that are in [the] process” of being… Continue Reading

NLRB Abandons Pursuit of Workplace Notice Posting Rule

The National Labor Relations Board’s controversial regulation requiring almost all private sector employers to post notices in the workplace informing employees of their rights under the National Labor Relations Act should no longer keep employers awake at night. According to an NLRB press release, the Board has decided not to seek Supreme Court review of… Continue Reading

Appeal of Decision Invalidating NLRB’s ‘Quickie Election’ Rule Withdrawn

The National Labor Relations Board, the United States Chamber of Commerce and the Coalition for a Democratic Workforce have stipulated to voluntarily dismiss the NLRB’s appeal to the United States Court of Appeals for the District of Columbia Circuit of a district court ruling invalidating the NLRB’s “quickie election rule.”  This paves the way for… Continue Reading

ALJ Finds No Protected Employee Right to Record Workplace Conversations

While employees making audio or video recordings of others in the workplace have long concerned employers, companies usually refrain from banning employee recording, uneasy about potentially infringing on employees’ rights to engage in protected concerted activity.  A recent case illustrates the analysis the National Labor Relations Board uses to scrutinize a workplace policy that restricts… Continue Reading

Employer’s Mandatory Arbitration Clause Waiving Employee’s Right to Sue in Court Upheld

A federal appeals court in New Orleans has overturned the National Labor Relations Board (NLRB) ruling that held an employer violated its workers’ rights by requiring them, as a condition of employment, to agree to resolve all employment-related disputes individually through arbitration. D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013). The… Continue Reading