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Labor & Collective Bargaining

Tag Archives: NLRB General Counsel

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

Criticism of NLRB General Counsel Continues

Author: Chad Richter 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… Continue Reading

Employer’s Investigations Policies Unlawful, NLRB Judge Rules

Author: Linda R. Carlozzi 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… Continue Reading

NLRB’s Division of Advice Spells Out Lawful Investigations Rule

Author: Howard Bloom  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,… Continue Reading

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

Author: Daniel Schudroff 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… Continue Reading

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

 Author: Daniel Schudroff 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… Continue Reading

NLRB OFFICE OF GENERAL COUNSEL RELEASES OPERATIONS STATISTICS FOR 2012

Author: Chad Richter 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… Continue Reading

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

Author: Howard Bloom 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… 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

NLRB General Counsel Remains Focused on Social Media

The National Labor Relations Board’s prosecutor, its General Counsel, continues to show an avid interest in social media as a medium for complaints against employers.  (The Board itself is an active participant in social media, with a Facebook page, a YouTube channel and a Twitter feed.) On April 12, 2011, the NLRB General Counsel instructed… Continue Reading

NLRB Acting General Counsel Focuses on Board Arbitration Deferral

Under its current arbitration deferral policy, the National Labor Relations Board, to encourage collectively bargained dispute resolution, would defer a final determination in certain unfair labor practice (“ULP”) charges when the grievance can be processed through the parties’ grievance or arbitration provisions under their collective bargaining agreement (“CBA”).  The Board’s Acting General Counsel has urged… Continue Reading

NLRB Threatens Litigation against States Requiring Secret Ballot Vote in Union Organizing

The National Labor Relations Board’s union-boosting has taken a new and troubling turn…repudiating the will of voters who would make unions show by secret ballot that they really represent employees. The NLRB has threatened four states, whose voters passed initiatives last year barring employers from recognizing unions except following a secret ballot election, with lawsuits… Continue Reading