Noting the employer did not have an employee code of conduct policy prohibiting the use of derogatory language, the National Labor Relations Board (NLRB) held an automotive dealership violated the National Labor Relations Act by wrongfully terminating a union employee for calling the owner a derogatory term during negotiations. Cadillac of Naperville, Inc., 371
Labor Law Lessons from Our Favorite Films: Dirty Dancing (Weingarten Rights – Nobody Puts Weingarten In The Corner)
As noted in our previous post about Dirty Dancing, as part of its investigation into thefts of guests’ property, the resort owner interviewed staff dance instructor, Johnny Castle (Johnny denies involvement in the burglaries), to determine whether he had an alibi for the evening when Moe Pressman’s wallet was stolen. We now know that Castle
Labor Law Lessons from Our Favorite Films: Dirty Dancing
There are films with clear labor law undertones, such as On The Waterfront and Norma Rae. The National Labor Relations Act and its teachings, however, lurk in other pop culture examples.
Thirty years ago, the romantic drama, Dirty Dancing premiered. The plot centers around the relationship between Baby (Frances) Housman (coincidentally, named after the
Company’s Property Rights Can be Trumped by Safety Concerns, Federal Court Rules
Enforcing a National Labor Relations Board order, the federal appeals court in Chicago has held an employer unlawfully denied a union safety specialist access to its facility to examine the site of a fatal accident (the cause of which had not been determined) involving a bargaining unit employee. Caterpillar Inc. v. NLRB, No. 14-3528
Employer Can Discharge Disloyal Employee, NLRB Division of Advice Finds
An employer may discipline employees who engage in disloyal conduct by disclosing confidential information obtained in the course of their job duties, the Board’s Division of Advice has found, concluding that an employer did not commit an unfair labor practice (under Section 8(a)(1) of the NLRA) when it discharged an employee. IAM District Lodge 751
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
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
NLRB Judge Says Employer’s Baseball Cap Logo Restriction Violates Employees’ Section 7 Rights
An employer’s policy prohibiting employees from wearing baseball caps other than the employer’s is an unlawful restriction on employees’ Section 7 activity, an NLRB Administrative Law Judge has decided. Quad Graphics, Inc., 32-CA-062242 (July 31, 2013).
Under the National Labor Relations Act, the wearing of union insignia by employees in most workplaces generally is
ALJ Finds Law Firm Associate is Statutory Supervisor, Unprotected by NLRA
An employer generally is prohibited by the National Labor Relations Act from enforcing a rule prohibiting employees from discussing their wages and benefits with one another. However, individuals who are considered to be supervisors under the NLRA are not protected by the Act. In a case of first impression involving the supervisory status of attorneys
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