Protected Concerted Activity

In an effort increase the use of the in-person or manual ballot method for conducting secret ballot elections, the National Labor Relations Board (NLRB or Board) General Counsel (GC) has issued comprehensive “suggestions” for conducting manual elections safely during the COVID-19 pandemic. Memorandum GC 20-10 “Suggested Manual Election Protocols” (July 6, 2020). These guidelines were

The National Labor Relations Board (NLRB) has raised the possibility that it might make changes in its Johnnie’s Poultry standards, which establish safeguards to reduce the possibility an employer, while questioning an employee in preparation for a trial or hearing, might interfere with, restrain, or coerce employees in the exercise of their Section 7 rights,

In two decisions issued on April 16, the National Labor Relations Board (NLRB) indicated its interest in reviewing two long-standing NLRB principles: mail ballot election procedures and employee interview safeguards.

In Western Wall Systems, LLC, Case 28-RC-247464 (Apr. 16, 2020), the NLRB stated that it is “open to addressing the criteria for mail balloting

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer unlawfully maintained overbroad Confidential Information, Electronic Communications, and Cell Phone Policies, and unlawfully terminated its employee for violation of the

Unpaid interns are not “employees” as defined by the National Labor Relations Act (NLRA), and employee advocacy on their behalf is not protected concerted activity under Section 7 of the NLRA, the National Labor Relations Board (NLRB) has ruled. Amnesty International of the USA, Inc., 368 NLRB No. 112 (Nov. 12, 2019).

The NLRB

An employee’s complaints about his pay to coworkers was protected concerted activity under the National Labor Relations Act (NLRA), even though the employee was unsuccessful in enlisting any other employees to support his complaints, the Advice Division of the National Labor Relations Board’s (NLRB) Office of the General Counsel has decided.

Therefore, the NLRB found

An arbitration agreement requiring that all “claims or controversies in any way relating to or associated with … employment or the termination of … employment … will be resolved exclusively by binding arbitration,” including “all statutory… claims” violated the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has ruled.

The Board, applying

A wildcat strike was not protected by the National Labor Relations Act (NLRA) once the striking employees became aware that their union disapproved of and disavowed the strike, the National Labor Relations Board (NLRB) has ruled. CC1 Limited Partnership d/b/a Coca Cola Puerto Rico Bottlers, 368 NLRB No. 84 (Sept. 30, 2019).

The employees’

The National Labor Relations Board has reminded employers that they must tolerate a certain degree of heated discourse during a union organizing campaign before discipline or termination may be warranted.

On June 27, 2019, the Board, in Pacific Green Trucking, Inc., 368 NLRB No. 14, ruled that a union organizer was unlawfully terminated for

The NLRB has ruled that, under the particular circumstances, an employer representative lawfully barred a union representative from asking questions during an investigatory interview while the employer representative was questioning the employee to get his version of events. PAE Applied Technologies, LLC, 367 NLRB No. 105 (Mar. 8, 2019). NLRB Chairman John Ring and Member William Emanuel joined in the decision. Member Lauren McFerran dissented.

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