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Category Archives: NLRB Decisions

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NLRB Draws a Line, Unlikes Employees’ Facebook Posts

Posted in NLRB Decisions, Social Media
480534553Cases involving employee Facebook and other social media posts rarely end well for employers (see here, here, and here). However, on October 28, 2014, the National Labor Relations Board gave an employer a rare Facebook victory in Richmond District Neighborhood Center, 361 NLRB No. 74 (2014), finding that the employer lawfully rescinded rehire offers for two employees because … Continue Reading

Board Orders Hotel To Pay Union’s Bargaining And Litigation Costs

Posted in NLRA, NLRB, NLRB Decisions, Quick Hits, Remedies, Unfair Labor Practices, Unions
In a decision issued last Friday, the National Labor Relations Board slammed a Hawaii hotelier for repeatedly violating the National Labor Relations Act over the past decade.   Issued by a full five-member Board, the decision hammered HTH Corp. for unlawfully terminating an employee for engaging in protected activity, as well as for eliminating contributions to … Continue Reading

NLRB Postpones Creation Of Employee Right To Use Employer E-Mail For Union Activity

Posted in Bush Board Reversal, NLRA, NLRB Decisions, NLRB Rule-Making, Representation Elections
On April 30, 2014, the National Labor Relations Board invited submission of amicus briefs in the case of Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), as it considered whether to overrule precedent to create an employee right to use an employer’s electronic mail systems for union activity. The administrative law judge, relying on Register … Continue Reading

Regional Director Orders Election at NYC Bike Share, Unit To Include Seasonal Employees And Purported Supervisors

Posted in NLRA, NLRB Decisions, Representation Elections
In a Decision and Direction of Election dated August 20, 2014, the Regional Director for Region 2 of the National Labor Relations Board in Manhattan directed an election to determine whether NYC Bike Share LLC employees will be represented by the Transportation Workers Union.  The employer operates Citi Bike in New York City, the nation’s … Continue Reading

Board Ratifies Administrative Actions Made During Recess-Appointees’ Tenure

Posted in NLRA, NLRB, NLRB Administration, NLRB Decisions, Quick Hits
Yesterday, the National Labor Relations Board announced that it had unanimously ratified all administrative actions that were made by the recently-invalidated Recess-appointed Board.  The decisions at issue were made between January 4, 2012 and August 5, 2013, when the Board regained a full quorum of five members.  In particular, the Board expressly authorized the appointments of … Continue Reading

Board Orders Make Whole Remedy After Employee’s Weingarten Rights Violated

Posted in NLRA, NLRB, NLRB Decisions, Quick Hits, Unfair Labor Practices, Unions
Last week, the National Labor Relations Board upheld and Administrative Law Judge’s determination that an employer violated the National Labor Relations Act by terminating an employee who refused to take a drug test before being allowed to speak to a union representative.  In Ralph’s Grocery, 361 NLRB No. 9 (July 31, 2014), an employee of … Continue Reading

Employer wins in Bergdorf Goodman, but Specialty Healthcare Still Alive and Well

Posted in Micro Units, NLRB Decisions, Representation Elections
464858497On July 28, 2014, the National Labor Relations Board issued its long-awaited decision in Bergdorf Goodman, 361 NLRB No. 11 (2014), unanimously finding inappropriate the petitioned-for unit of “all women’s shoe sales associates” at the employer’s retail store on Fifth Avenue–even under the controversial test articulated in Specialty Healthcare. The outcome is somewhat surprising given the Board’s … Continue Reading

Top 10 NLRB Issues to Monitor the Rest of the Year

Posted in Expedited Elections, Micro Units, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Misc., NLRB Rule-Making, Presidential Appointments, Representation Elections, SCOTUS, Unfair Labor Practices
459895879UPDATED: JULY 29, 2014 1.  Aftermath of Noel Canning The Supreme Court determined in late June of this year that President Obama’s purported recess appointments to the National Labor Relations Board were unconstitutional.  Hundreds, or potentially even thousands, of Board decisions issued by the improperly-constituted Board could be affected by the Court’s ruling.  Administrative actions … Continue Reading

NLRB Chairman Responds to Supreme Court’s Noel Canning Decision

Posted in Federal Court Litigation, NLRB Administration, NLRB Decisions, Presidential Appointments, SCOTUS
Moments ago, NLRB Chairman Mark Gaston Pearce issued the following statement in response to this morning’s Supreme Court decision invalidating the terms of the 2012 “recess” appointed Board Members: The Supreme Court has today decided the Noel Canning case.  We are analyzing the impact that the Court’s decision has on Board cases in which the … Continue Reading

NLRB ALJ Addresses Employer Obligation to Bargain Over Discretionary Disciplinary Action

Posted in Duty to Bargain, NLRB Decisions, Unfair Labor Practices
dv496065aIn Alan Ritchey, Inc., 359 NLRB No. 40 (2012), the National Labor Relations Board held that during the period after a union is recognized but before a first contract is reached, an employer must bargain with the union before exercising its discretion to impose certain discipline such as suspensions, demotions, or discharges. However, the Board held … Continue Reading

NLRB Finds Employee’s Profane and Insubordinate Conduct Shielded by Protected Activity

Posted in NLRB Decisions, Unfair Labor Practices
  On remand from the Ninth Circuit, the National Labor Relations Board in Plaza Auto Center, Inc., 360 NLRB No. 117 (2014), again found 2-1 that an employer violated the National Labor Relations Act by firing an employee for an outburst during which the employee used profanity and personally attacked the owner of the business. Specifically, … Continue Reading

No Hearing Necessary for NLRB to Overrule Objection to Union Flyers Misrepresenting How Employees Intended to Vote

Posted in NLRB Decisions, Representation Elections
In Durham School Services, 360 NLRB No. 108 (2014), the union won the election by a vote of 112 to 74, but the employer filed several objections, one of which asserted that the union deceived voters by distributing a campaign flyer that contained pictures of eligible voters and statements misrepresenting their intent to vote for … Continue Reading

Board Rules For Teamsters In Bus Drivers Row

Posted in Negotiations, NLRA, NLRB, NLRB Decisions, Quick Hits, Representation Elections
The good news keeps rolling in for the Teamsters.  Earlier today, it was reported that the National labor Relations Board has ordered the certification of a union election held in February of 2013 in Santa Rosa County, FL.  Accordingly, school bus drivers and monitors in Santa Rosa County, FL will now be represented by Teamsters … Continue Reading

NLRB Finds No Harm in Threats Made in Jest

Posted in NLRB Decisions, Representation Elections
In a 2-1 decision, the National Labor Relations Board overruled the employer’s objection in ManorCare of Kingston PA, LLC, 360 NLRB No. 93 (Apr. 29, 2014), alleging that certain prounion employees made two election-related threats to employees and their property that interfered with the union election. The union won the election by a tally of 34 … Continue Reading

NLRB: Results of Affirmative Deauthorization Election Not Effective Until Certified

Posted in NLRB Decisions, Unfair Labor Practices
In a decision issued on April 29, 2014, the National Labor Relations Board held that a union did not violate Section 8(b)(1)(A) of the Act by accepting union dues deducted from employees’ paychecks after those employees executed checkoff authorization revocations before the Board certified the results of a deauthorization vote. In United Workers of America, Local … Continue Reading

NLRB Orders Employer to Repay Union’s Bargaining Costs

Posted in NLRB Decisions, Unfair Labor Practices
On April 14, 2014, the National Labor Relations Board issued an order in Fallbrook Hospital, 360 NLRB No. 73 (2014), modifying the remedy for an employer’s bad-faith bargaining conduct. The administrative law judge recommended, among other things, a 6-month extension of the certification union, but declined to grant the union’s request for reimbursement for its negotiation … Continue Reading

Board GC Advice Memo Telegraphs NLRB Prosecutorial Priorities

Posted in Bush Board Reversal, NLRB Administration, NLRB Decisions
This past Tuesday, National Labor Relations Board General Counsel Richard F. Griffin issued Memorandum GC 14-01, wherein Griffin outlines matters that Regions must submit to the NLRB’s Division of Advice for guidance as to how to proceed.  The memorandum is of special interest to employers because it provides important clues as to the General Counsel’s prosecutorial priorities going forward.  With … Continue Reading

College Athletes to Unionize? More on the Northwestern University Football Players NLRB Petition

Posted in Bush Board Reversal, NLRA, NLRB Decisions, Representation Elections, State/Local Issues, Unions
On January 28, 2014, college students who play football at Northwestern University in Evanston, Illinois filed a petition with the National Labor Relations Board’s (the "NLRB") Chicago Region to form a labor union.  The players’ filing asserts their desire to affiliate with the College Athletes Players Association (the "CAPA"), an entity currently receiving both technical … Continue Reading

@LRToday Morning Round-Up: January 27, 2014

Posted in Media Round-Up, Negotiations, NLRB Decisions, NLRB Misc., State/Local Issues, Unfair Labor Practices, Unions
Philly Teachers To File ULP Charges: Martha Woodall of the Philadelphia Inquirer reports that the Alliance of Charter School Employees, a labor union that has been trying to organize teachers at Olney Charter High School in Philadelphia for over a year, is expected to file unfair labor practice charges against Aspira, Inc. today.  Aspira, the company … Continue Reading

Labor Relations Today Releases ‘Labor Law 2013: A Year in Review’

Posted in Bush Board Reversal, Corporate Campaigns, Department of Labor, Executive Orders, Expedited Elections, Federal Court Litigation, Filibuster, Government Contracting, House of Representatives, Legislation, Negotiations, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House
MLA labor attorneys are pleased to announce the publication of Labor Law 2013: A Year In Review.  This marks the third straight year that we have produced this annual review of developments in traditional labor law and labor-management relations.  2013 began with unprecedented uncertainty, as several federal courts repudiated the authority of the National Labor Relations Board … Continue Reading

NLRB ALJ Upholds Employer’s Recording Ban Designed to Promote ‘Open Communication, Free Exchange’

Posted in NLRA, NLRB Decisions, Social Media, Unfair Labor Practices
As a follow up to our post yesterday about how one employer’s employees publicized an internal  meeting about an upcoming union election, this week a National Labor Relations Board administrative law judge issued a decision in Whole Foods Market, Inc., Case No. 01-CA-096965 (Oct. 30, 2013), upholding an employer rule prohibiting the recording of conversations. … Continue Reading

Not a Trick or Treat: Employees are Recording and Publicizing Management’s Union Campaign Communications

Posted in Corporate Campaigns, NLRA, NLRB Decisions, Representation Elections, Social Media, Unfair Labor Practices, Unions
In a public relations nightmare for a Georgia employer, Gawker.com published yesterday an article analyzing a 21-minute audio recording (and the recording itself) consisting primarily of a meeting between management and employees to discuss an upcoming union election and what the employees could expect in the next month leading up to the election. This was … Continue Reading

@LRToday Morning Round-Up: October 29, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, State/Local Issues, Unfair Labor Practices, Unions
ALJ Refuses To Axe "Register-Guard" Decision: Ben James of Law360 ($$) writes that last week, a National Labor Relations Board Administrative Law Judge found a company policy barring "disruption during working hours" unlawful.  However, the ALJ refused to nix a separate company policy that effectively bars the use of company equipment, including computers, for non-business purposes.  In doing so, … Continue Reading

@LRToday Morning Round-Up: October 28, 2013

Posted in Legislation, Media Round-Up, Negotiations, NLRB Decisions, Remedies, State/Local Issues, Unfair Labor Practices, Unions
Board Orders Senior Center To Give Up Wage Info: Joshua Alston of Law360 ($$) reports that last week, the National Labor Relations Board ruled that a senior residential care facility in New Jersey would have to provide the Service Employees International Union (SEIU) with certain wage and hour information.  In particular, the NLRB held that Bristol Manor Health Care Center would … Continue Reading