Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace. The memo also directs NLRB Regions to submit to the Division of Advice any cases involving intrusive or abusive electronic surveillance and algorithmic management
NLRB Chairman Fires Back at Request to Withdraw Notice of Proposed Rulemaking on Joint Employment
John Ring, NLRB Chairman, has sent a five-page letter to several members of Congress in response to their request for the NLRB to withdraw its Notice of Proposed Rulemaking on the joint-employer standard.
Continue Reading NLRB Chairman Fires Back at Request to Withdraw Notice of Proposed Rulemaking on Joint Employment
Sour Note – Musicians Are Employees, Not Independent Contractors, NLRB Tells Theater Company
A Regional Director of the National Labor Relations Board has ruled that a group of musicians were statutory employees under the National Labor Relations Act and, therefore, entitled to vote in an NLRB-conducted union representation election. In the Matter of Fiddlehead Theatre Company, Inc. and Boston Musicians Association et al., Case Number 01-RC-179597 (July
Labor Unions Use Technology to Grow and Maintain Membership
Labor unions today are “tech” savvy, using mobile app and other technology to grow and maintain their memberships.
According to a report in the Bloomberg Bureau of National Affairs Daily Labor Report (136 DLR C-1 July 18, 2016), a number of labor unions, including the International Association of Machinists, Communication Workers of America, and Service
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
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
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.
Splitting Hairs on Statements Relied Upon to Support Withdrawal of Recognition
An employer failed to demonstrate a loss of majority support for a union and unlawfully withdrew recognition when it relied in part on employees’ written statements that they no longer wished to be union members, an Administrative Law Judge (ALJ) of the National Labor Relations Board ruled. See Pacific Coast Supply, LLC, 2013 NLRB
NLRA Amendments Introduced in Congress
Republican legislators have proposed amendments to the National Labor Relations Act (NLRA) that would ensure employees’ right to a secret ballot election to select a union and relax the burden of proof for an employer seeking to expand the union’s petitioned-for voting unit.
One bill, the “Secret Ballot Protection Act,” introduced in the U.S. House
Union Election Victory is Burned by “You’re Toast” Comment by Third Party with Apparent Authority
The National Labor Relations Board has unanimously set aside a union’s representation election victory because of threats by a former employee who, the Board decided, had “apparent authority” to speak for the union. See Bellagio, LLC, 359 NLRB No. 128 (May 31, 2013).
The employer operates a hotel and casino in Las Vegas, Nevada.