Labor Relations Today

Labor Relations Today

Tag Archives: NLRB Decisions

NLRB’s General Counsel Issues Guidance Following Board’s PCC Structurals, Inc. Decision

Posted in Micro Units, NLRB, NLRB Decisions, Representation Elections, Uncategorized
In December 2017, the Office of the General Counsel issued Memorandum OM 18-05. This memorandum followed the Board’s decision in PCC Structurals, Inc., 365 NLRB No. 160 (Dec. 15, 2017), which overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011) and reinstated the traditional community-of-interest standard for determining the appropriateness of… Continue Reading

NLRB Continues to Expand the Reach of the NLRA by Exercising Jurisdiction Over Charter Schools

Posted in NLRA, NLRB, NLRB Decisions
In two decisions issued last month, Pennsylvania Virtual Charter School, 364 NLRB No. 87 (Aug. 24, 2016) and Hyde Leadership Charter School—Brooklyn, 364 NLRB No. 88 (Aug. 24, 2016), the National Labor Relations Board continued to crystallize consensus in its decisions exercising jurisdiction over charter schools. Under Board precedent, an entity is considered a political subdivision… Continue Reading

Board Finds Management Rights Provision Too Vague

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
The National Labor Relations Board recently ruled in Graymont PA, Inc., 364 NLRB No. 37, that the Respondent violated Section 8(a)(5) and (1) of the National Labor Relations Act by unilaterally implementing changes to various policies and by failing to timely inform the Union that it did not possess information requested relevant to the policy… Continue Reading

Board Finds Rule Prohibiting Recordings in the Workplace Unlawful

Posted in NLRA, NLRB, NLRB Decisions
Keeping with its trend of invalidating common workplace rules, the National Labor Relations Board, in a 2-1 decision issued on December 24, 2015 in Whole Foods Market, Inc., 363 NLRB No. 87, found that an employer’s rule prohibiting recording of company meetings or conversations in the workplace violated Section 8(a)(1) of the National Labor Relations… Continue Reading

NLRB Considers Whether to Overrule 11-Year Old Precedent Holding That Graduate Students Are Not Employees Under the NLRA

Posted in NLRA, NLRB, NLRB Decisions
Earlier this month, we posted about a Regional Director’s dismissal of a petition filed by an organizing committee of the United Auto Workers (UAW) seeking to represent various student assistants at Columbia University in New York.  The UAW has filed a request for review in that case which is currently pending before National Labor Relations Board (NLRB).  In a… Continue Reading

Fifth Circuit Reverses Board Decision on Lawfulness of Arbitration Agreements Once Again

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Murphy Oil USA, Inc. v. National Labor Relations Board, a three-judge panel of the United States Court of Appeals for the Fifth Circuit again held, contrary to the NLRB, that an employer does not commit an unfair labor practice by requiring its employees to sign arbitration agreements.  In doing so, the Fifth Circuit followed… Continue Reading

Board Finds Deferral to Arbitration Inappropriate Where Employer Clearly Violated the Express Terms of the Collective Bargaining Agreement

Posted in NLRA, NLRB, NLRB Decisions, Uncategorized, Unfair Labor Practices
In Oakland Physicians Medical Center, LLC, 362 NLRB No. 129 (July 22, 2015), the National Labor Relations Board both rejected the employer’s request for deferral to arbitration and found that the employer violated the National Labor Relations Act by making unilateral changes to employee health care coverage, including the premiums paid by the employees, during… Continue Reading

NLRB Sets Aside Election Results Due to Bonuses Paid During Critical Period

Posted in NLRB Decisions, Representation Elections
In SBM Management Services, 362 NLRB No. 144 (July 8, 2015), the National Labor Relations Board held that an employer’s distribution of bonuses to 11 employees in a bargaining unit of approximately 35 employees just days before a vote on union representation violated Section 8(a)(1) of the National Labor Relations Act and ordered that a… 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

@LRToday Morning Round-Up: October 25, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, Representation Elections, Unfair Labor Practices, Unions
ALJ Nixes Another Arbitration Policy Per D.R. Horton: Abigail Rubenstein of Law360($$) writes that earlier this week, a National Labor Relations Board Administrative Law Judge held that a mandatory arbitration policy violated Section 7 of the National Labor Relations Act.  In particular, the ALJ found that the California Honda dealership’s agreement with its employees was unlawful even though the company has… Continue Reading

@LRToday Morning Round-Up: October 24, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, Pensions, SCOTUS, Unfair Labor Practices, Unions
ALJ Holds That Bargaining Cannot Be Conditioned On Noel Canning: Abigail Rubenstein of Law360 ($$) writes that this week, a National Labor Relations Board Administrative Law Judge ruled that Professional Transportation, Inc. violated the National Labor Relations Act when the company attempted to use the possible invalidity of the D.C. Circuit’s Noel Canning decision as a bargaining… Continue Reading

Circuit Court of Appeals Denies National Labor Relations Board a Stay Based on Government Furloughs

Posted in NLRA, NLRB Administration, NLRB Decisions
The Sixth Circuit Court of Appeals yesterday heard oral argument in Little River Band of Ottawa Indians v. National Labor Relations Board, a case wherein a tribal government challenges the jurisdiction of the Board over employment by tribes on reservations.  Last week, prior to the hearing, the National Labor Relations Board moved for a stay of… Continue Reading

Third Judge in a Month Blasts NLRB General Counsel’s Prosecutorial Conduct

Posted in NLRB Administration, NLRB Decisions, Presidential Appointments, Unfair Labor Practices
For the third time in just about a month, an Administrative Law Judge has expressly questioned the conduct of the National Labor Relations Board’s Office of General Counsel in a decision. In his decision in Copper River of Boiling Springs LLC, JD(ATL)–26–13 (Sept. 25, 2013), Judge Keltner W. Locke found some violations of the National… Continue Reading

Sixth Circuit Upholds NLRB’s Specialty Healthcare Decision Allowing Micro-Unions

Posted in Federal Court Litigation, NLRA, NLRB Decisions, Representation Elections
The Sixth Circuit Court of Appeals affirmed the National Labor Relations Board’s decision in Specialty Healthcare, 357 NLRB No. 83 (2011), in which the Board overruled 20 years of practice regarding how it determines the "appropriate unit" in non-acute health care facilities. In addition, and more importantly, Specialty Healthcare permits unions to petition for smaller… Continue Reading

@LRToday Morning Round-Up: August 8, 2013

Posted in Media Round-Up, Negotiations, NLRB Decisions, Representation Elections, Unfair Labor Practices, Unions
Board Files Charges Against Charter School Mgmt: Regina Medina of PhillyNews.com writes that the National Labor Relations Board has filed a complaint against Olney Charter High School in Pennsylvania after teachers and staff alleged that school officials threatened and interrogated them in response to a union organizing effort.  The charges, brought by the Alliance of Charter School… Continue Reading

NLRB: Employer Unlawfully Interrogated Employees by Asking About Their Supervisor’s Leadership Abilities

Posted in NLRA, NLRB Decisions, Unfair Labor Practices
As we have consistently noted in previous posts and in our "Labor Law 2012: Year in Review", the National Labor Relations Board is currently pursuing an aggressive agenda to expand the scope of the National Labor Relations Act’s protections. Earlier this month the Board took another step towards that goal with its decision in Grand… Continue Reading

What to Expect From the Incoming National Labor Relations Board

Posted in Department of Labor, Expedited Elections, Federal Court Litigation, Filibuster, NLRA, NLRB Administration, NLRB Decisions, NLRB Rule-Making, Persuader Rules, Presidential Appointments, Representation Elections, SCOTUS, Senate, Unions, White House
Following last week’s deal to avoid the so-called "Nuclear Option," the Senate HELP Committee will hold hearings tomorrow on the newest nominees to the National Labor Relations Board. Assuming the nominees are approved by the committee in a Wednesday morning vote, a full complement of Board Members is likely to be confirmed by the full Senate as early… Continue Reading

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