Tag Archives: NLRB General Counsel

Quickie Elections Just Got Quicker: Electronic Signatures Okayed to Support Union Petitions

The General Counsel of the National Labor Relations Board has decided to accept electronic signatures in support of a showing of interest, effective immediately. In a September 1, 2015, memorandum (issued on September 2), General Counsel Richard Griffin wrote, “[a]s is reflected in the guidelines which follow, I have determined that the evidentiary standards that … Continue Reading

Rats, Pigs and Cats, Oh My: Union’s Display of Large Inflatable Animals and Bannering at Las Vegas Resort was Lawful, Board Judge Holds

Las Vegas, Nevada-based Laborers Local 872 did not violate the National Labor Relations Act by displaying four-foot high banners and inflatable animals 18 to 20 feet high around the perimeter of a casino and resort complex (Westgate), and partially blocking cars and patrons, because Westgate contracted with a non-union contractor (Nigro) to perform renovation work … Continue Reading

Complaint Issued by NLRB’s Acting General Counsel was Unauthorized, Federal Appeals Court Rules

Vacating a Board order adopting an Administrative Law Judge’s decision holding that an employer violated Sections 8(a)(1) and (5) of the National Labor Relations Act by ceasing to pay longevity pay under a collective bargaining agreement between the employer and the union representing its employees, the U.S. Court of Appeals for the D.C. Circuit has … Continue Reading

New Texas Law Says Franchisors, with Exception, Not Employers of Franchisees’ Workers

The Texas Labor Code has been amended to provide that a franchisor is not considered an employer for claims related to employment discrimination, wage payment, the Texas Minimum Wage Act, and the Texas Workers’ Compensation Act, among other laws. According to S.B. 652, this is so unless the franchisor has been found by a state … 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

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

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

Handbook Rules Guidance Expected from NLRB General Counsel

National Labor Relations Board General Counsel Richard Griffin said he intends to issue a guidance memorandum on employee handbook rules in March. This could be a helpful step for employers seeking guidance on what constitutes a lawful policy under the NLRA. Speaking at the February Midwinter Meeting of the American Bar Association Section of Labor … 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 and Department of Labor: One Hand Washes the Other to Promote Cross-Filed Complaints

Our colleagues at Jackson Lewis’ OSHA Law Blog recently reported that the Occupational Safety and Health Administration of the Department of Labor (DOL) and the NLRB had entered into an agreement whereby OSHA would notify complainants who file untimely OSHA retaliation charges of their right to file an unfair labor practice charge with the NLRB.  … 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

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

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

Former Board Member Richard Griffin Confirmed as NLRB General Counsel

The United States Senate, by a 55-44 vote, has confirmed President Obama’s appointment of Richard F. Griffin Jr. to serve as the National Labor Relations Board’s General Counsel. Griffin will replace Acting General Counsel Lafe Solomon who has served in this role since June 2010.  The confirmation vote took place on October 29. Griffin is … Continue Reading

Criticism of NLRB General Counsel Continues

As part of what appears to be a regular recent occurrence, another NLRB Administrative Law Judge has issued a decision containing comments critical of the office of the NLRB’s Acting General Counsel.  (As you may recall from NLRB and its General Counsel Criticized by Administrative Law Judge, ALJs recently aggressively criticized the Acting General Counsel … Continue Reading

NLRB and its General Counsel Criticized By Administrative Law Judges

Criticism of the NLRB is not confined to federal courts, members of Congress and others not connected to the agency.  Now, NLRB Administrative Law Judges are criticizing the NLRB’s General Counsel, and – if you can imagine it – even the NLRB for placing their activist agendas ahead of sound reasoning and respect for precedent.  … Continue Reading

Nomination of Former Board Member Griffin Approved by Senate HELP Committee

The nomination of former National Labor Relations Board Member Richard Griffin to be General Counsel of the NLRB has been approved by the Senate Committee on Health, Education, Labor, and Pensions.  The vote was 13-9.  If approved by the full Senate, Griffin, a former union lawyer, will replace Acting General Counsel Lafe Solomon. A full-Senate … Continue Reading

Employer’s Investigations Policies Unlawful, NLRB Judge Rules

An employer’s policies – one requiring confidentiality of workplace investigations and another requesting confidentiality – are unlawful under the NLRA, an NLRB Administrative Law Judge has held.  The Boeing Company, No. 19–CA–089374 (July 26, 2013).  ALJ Jeffrey Wedekind found both Boeing Company’s original policy and a revised policy on workplace investigations violated employees’ statutory right … Continue Reading

NLRB’s Division of Advice Spells Out Lawful Investigations Rule

Many employers maintain rules in their employee handbooks and/or personnel policies governing how investigations of possible employee misconduct will be handled. Such rules often include admonishments to employees about maintaining the confidentiality of the investigation and, therefore, they implicate Section 7 of the NLRA and protected concerted activity. Indeed, in Banner Health, 358 NLRB No. … Continue Reading

NLRB’s Division of Advice Concludes Union Members’ Aggressive Organizing Tactics Were Lawful

The National Labor Relations Board’s General Counsel’s Office’s Division of Advice has concluded that a union seeking to organize a construction employer’s drywall workers did not violate Section 8(b)(1)(A) of the National Labor Relations Act by  following the employer’s supervisors and managers aggressively in cars from the employer’s main office to various jobsites in the … Continue Reading

NLRB’s Division of Advice Finds Direct Dealing in Workers Compensation Settlement Process

Under the National Labor Relations Act, an employer is not permitted to bypass a union and deal directly with employees in connection with their terms and conditions of employment. This direct dealing concept can become complicated, however, when an individual employee asserts a legal proceeding against the employer in which the employee’s union is not … Continue Reading


The National Labor Relations Board’s Office of the General Counsel has released its annual “Summary of Operations (Fiscal Year 2012).”   According to the Summary, the General Counsel’s office exceeded some of its goals and did not meet others. Here are several notable statistics from the Summary: Initial union representation elections (elections to determine whether a union will … Continue Reading

NLRA Handbook Disclaimers May Be Effective After All, Board’s General Counsel Suggests

A recent Memorandum from the National Labor Relations Board’s General Counsel’s Office Division of Advice may cause employers to consider including a National Labor Relations Act-related disclaimer in their employee handbook or human resources policies. In Cox Communications, 17-CA-087612 (2012), the employer’s social media policy contained three provisions, the legality of which had been challenged … Continue Reading

Memo Discusses Social Media Cases on NLRB Acting General Counsel’s Agenda

The NLRB Acting General Counsel Lafe E. Solomon has issued a Memorandum (OM 11-74) to Board regional officials, dated August 18, 2011, describing his Office’s actions involving social media cases in the past year. Solomon explains: "Recent developments in the Office of the General Counsel have presented emerging issues concerning the protected and/or concerted nature … Continue Reading