Category Archives: NLRB

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Employer Guidance – National Immigrant Protests

In connection with “National Day without Immigrants” held on Thursday, Feb. 16 and Friday, Feb. 17, immigrant employees as well as supporters and sympathizers may have requested time off or, in some instances, called in sick from work to attend protest-related events and activities. Supporters called on the public to refrain from working, opening businesses, … Continue Reading

Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements

In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually arbitrate their claims by way of “separate proceedings.” In Morris v. Ernst & Young, LLP, No. 13-16599, D.C. No. 5:12-cv-04964 (9th Cir. August 22, 2016), … Continue Reading

National Labor Relations Board Extends Reach of Browning-Ferris Joint Employment

On July 11, 2016, the National Labor Relations Board extended the reach of its ground-breaking 2015 Browning-Ferris decision, which announced an expansive view of “joint employment,” and ruled that “employer consent is not necessary” to require multiple employers to jointly bargain with “units that combine jointly employed and solely employed employees of a single user … Continue Reading

Get Ready for Even Quicker ‘Quickie’ Elections—NLRB Abandons Requirement for Signed Authorization Cards

As we’ve previously reported, on April 14, 2015, the National Labor Relations Board (NLRB or Board) implemented new union election rules (Election Rules), which made significant changes to the Board’s procedures for processing election petitions, holding hearings, and conducting secret-ballot elections. Most significantly, the Election Rules paved the way for union elections to be held … Continue Reading

NLRB Expands Joint Employer Standard in Browning-Ferris Decision

Recently, the National Labor Relations Board made sweeping changes to its “joint employer” standard, announcing a new test that will surely lead to more findings of joint employment relationships under the National Labor Relations Act. Under the new standard announced in Browning-Ferris Industries, a company is a joint-employer if it exercises “indirect control” over working conditions … Continue Reading

Court Upholds NLRB’s ‘Quickie’ Election Rules

As we previously reported, on April 15, 2015, the National Labor Relations Board implemented new union election rules (Election Rules) that made sweeping changes to the Board’s proceedings for processing election petitions, holding hearings, and conducting secret-ballot elections. At the time the Election Rules took effect, legal challenges to the Election Rules were pending in … Continue Reading

New Union Election Rules in Effect as of April 14, 2015

On April 14, 2015 the National Labor Relations Board’s (NLRB) new union election rules (Election Rules) went into effect. As discussed in a prior GT Alert, the NLRB adopted the new rules by a 3-2 vote with the two Republican NLRB members dissenting. As outlined below, the Election Rules make significant changes to the Board’s … Continue Reading

NLRB Adopts New Election Rules

Written by Howard L. Mocerf This week the National Labor Relations Board adopted new union election rules by a 3-2 vote. Characterized by dissenting Board members as “The Mount Everest of Regulations,” the new rules will result in quicker elections and trap unwary employers. The author of this GT Alert outlines the new rules, which … Continue Reading

NLRB Decision Allows Non-Work Related Use of a Company Email System

Last week the National Labor Relations Board (NLRB) reversed the Register Guard decision and declared that employees who have access to a company email system now have the right to use that system, on non-working time, to voice their disagreement with their working conditions to co-workers and outsiders. The majority explained that email communications have … Continue Reading

NLRB To Revisit Use of Company Email in Union Organizing

In May, this blog discussed the National Labor Relations Board (the Board or NLRB)’s potential targeting of policies regulating employee use of company email for non-business purposes. In inviting the filing of amicus briefs on the issue, (Purple Commc’ns, Inc., NLRB, No. 21-CA-95151, invitation to file briefs 5/1/14), the Board signaled that it may overturn … Continue Reading

GT Alert — Recent NLRB Decision Limits Employer’s Ability to Restrict Off-Duty Employee Access to its Property

The GT Alert — Recent NLRB Decision Limits Employer’s Ability to Restrict Off-Duty Employee Access to its Property was prepared by Charles S. Birenbaum and April L. Weaver. The National Labor Relations Board’s recent decision in Piedmont Gardens, 360 NLRB No. 100 (2014), restricts an employer’s ability to regulate off-duty employee access to its property. … Continue Reading

NLRB To Revisit Use of Company E-Mail Accounts in Union Organizing and Personal Use

The National Labor Relations Board (the “Board” or “NLRB”) under The President has broadly interpreted the protections afforded under Section 7 of the National Labor Relations Act (the “Act”).  Section 7 gives employees the right to engage in concerted activity for mutual aid and protection and to form, join or assist labor unions.  Employees also … Continue Reading

Senate Confirms Five Members to NLRB

Yesterday, the Senate voted to confirm five Members to the NLRB, marking the first time in a decade that the Board has consisted of five Senate-confirmed Members. In addition to current NLRB Chairman Mark Pearce, the new Board consists of two Democrats, Nancy Schiffer and Kent Hirozawa; and two Republicans, Harry Johnson III and Philip … Continue Reading

Should Employers Have Employee Handbooks?

Employee handbooks can be a great resource for both employees and employers. A handbook is essentially a compilation of workplace rules and is an excellent way to communicate work polices to employees. Handbooks come in all shapes and sizes, but on the whole contain certain common elements such as information about the company, general workplace … Continue Reading

Will the Decision Invalidating the NLRB Recess Appointments Change the NLRB’s View Towards Employee Use of Social Media

As was widely reported, on January 25, 2013, the Court of Appeals for the D.C. Circuit struck down President Obama’s recess appointments to the National Labor Relations Board (NLRB).  The members who were found to have been appointed under an unconstitutional exercise of executive power were Sharon Block, Terence F. Flynn and Richard E. Griffin.  … Continue Reading

NLRB Not Entitled to Injunction Directing NYC Property Management Company to Bargain with Incumbent Union

The New York City Displaced Building Service Worker Protection Act requires that any buyer, transferee or successor employer of most New York City commercial and residential properties offer the incumbent employees jobs after the change in ownership or employer for as many jobs as the new employer will have at the property, and to keep those employees in employ for at least 90 days unless it has cause for discharge during that “probationary” period. However, a U.S. District Court judge in the Southern District of New York recently denied a request for injunctive relief sought by the National Labor Relations Board seeking to compel a buyer to recognize the incumbent union.… Continue Reading

NLRB Continues To Review General Employment Provisions

The National Labor Relations Board (“NLRB”) continued its recent trend of reviewing employment provisions often contained in employee handbooks or employment agreements.  On December 3, 2012, the NLRB’s Division of Advice released an Advice Memorandum dated May 16, 2012 in which it reviewed a “moonlighting” provision and a non-compete provision in an employment agreement.  The … Continue Reading
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