Labor Relations Today

Labor Relations Today

Category Archives: Division of Advice

Subscribe to Division of Advice RSS Feed

NLRB GC Advises that Employers Need Not Bargain With Union Before Restricting Third-Parties’ Ability to Hire Unit Employees

Posted in Division of Advice, Duty to Bargain
It has always been clear that non-compete agreements between an employer and its bargaining unit employees are a mandatory subject of bargaining, but it has never been clear that the same is true for agreements between an employer and a third-party limiting the third-party’s ability to hire the employer’s unionized employees. However, employers finally received… Continue Reading

NLRB General Counsel Takes a Stand: College Scholarship Football Players Are Employees Under the NLRA

Posted in Division of Advice, NLRB
In a memorandum issued on January 31, 2017, the National Labor Relations Board’s General Counsel, Richard Griffin, provided a “guide for employers, labor unions, and employees that summarizes Board law regarding NLRA employee status in the university setting and explains how the Office of the General Counsel will apply these representational decisions in the unfair… Continue Reading

Labor Relations Today Issues ‘Labor Law 2016: Year in Review’

Posted in Alternative Labor Law Reform, Department of Labor, Division of Advice, Executive Orders, Expedited Elections, Federal Court Litigation, Government Contracting, Government Contracts, House of Representatives, Joint Employer, Legislation, MLA Media, Negotiations, NLRA, NLRB, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Remedies, Representation Elections, Right to Work, SCOTUS, Senate, Social Media, State/Local Issues, Unfair Labor Practices, Unions, White House, Workplace Rules
McGuireWoods labor attorneys and the editors of Labor Relations Today are pleased to announce the publication of Labor Relations 2016: Year in Review. In the final year of his two-term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double-barreled efforts to remake labor law to benefit labor unions. Throughout the year, the agencies… Continue Reading

NLRB Division of Advice Asserts Misclassification of Employees Itself Interferes with Section 7 Rights

Posted in Division of Advice, NLRA, NLRB, Unfair Labor Practices
In a General Counsel Advice Memorandum released in late August 2016, the NLRB Division of Advice found that employers who misclassify employees as independent contractors violate Section 8(a)(1) of the NLRA by restraining the employees’ section 7 rights to engage in concerted, protected activity.  The Memorandum, which is dated December 18, 2015, but was only recently… Continue Reading

Employer Had No Duty to Bargain Over Use of GPS Tracking Device

Posted in Division of Advice, Duty to Bargain, NLRB Decisions, Unfair Labor Practices
The NLRB’s Division of Advice recommended dismissal of an unfair labor practice charge alleging that an employer violated Section 8(a)(5) of the National Labor Relations Act by using a GPS tracking device to investigate an employee without first bargaining with the union. The Division of Advice’s sensible conclusion was based on the specific facts of the case, as normally… Continue Reading

NLRB GC: Search of Company-Owned Vehicle Not an Investigatory Interview

Posted in Division of Advice, NLRA, Unfair Labor Practices, Weingarten Rights
In an Advice Memorandum issued February 6, 2015 in Southwestern Bell Telephone Company, Case 14-CA-141000, the National Labor Relations Board Office of the General Counsel found that an employer did not violate Section 8(a)(1) by searching an employee’s company-owned vehicle without a union representative present despite the fact that the employee had requested, and been provided,… Continue Reading

We use cookies to enhance your experience of our website. By continuing to use this website, you agree to the use of these cookies. For more information and to learn how you can change your cookie settings, please see our policy.