As most employers are now aware, the National Labor Relations Board (NLRB, or the “Board”) in recent years has adopted more restrictive, non-employer-friendly approaches to what it will permit in workplace policies. These rules have been applied to union employers and just as vigorously to unorganized employers. Management labor lawyers have been placing their clients … Continue Reading
The Progression of Cases Involving Handbook Rules Continues Unabated— Over the last months, we have traced the Board’s and Administrative Law Judges’ rulings on the legality of handbook rules and conduct in the workplace. We have learned that an employer will often have a better opportunity of winning in a casino than under the National … Continue Reading
In its recent 2-1 decision in Plaza Auto Center, Inc., 360 NLRB No.117 (May 28, 2014), the National Labor Relations Board again demonstrated its pro-employee bias and its willingness to twist a circuit court mandate and facts to achieve a partisan result. The majority in Plaza Auto Center gave its imprimatur to an employee cursing, … Continue Reading
The war on reason being waged by the National Labor Relations Board and its Administrative Law Judges against primarily non-union employers continues. From the decisions appearing almost weekly, it seems that a design exists to create absolute chaos in the non-union workplace. Rules that are commonplace in the unionized sector are being declared verboten for being … Continue Reading
On April 22, 2014, National Labor Relations Board Administrative Law Judge David I. Goldman issued a decision in The Kroger Co. of Michigan, Case No. 07-CA-098566, which reinforces that employers, both unionized and non-, are increasingly being left without guidance as to what exactly will be deemed a violation of the National Labor Relations Act. … Continue Reading
The National Labor Relations Board continues its full-frontal attack on reasonable rules of conduct promulgated by employers in two recent cases issued at the beginning of April. In Hills and Dales General Hospital, 360 NLRB No. 70 (April, 1, 2014), the Board dealt with a challenge to the facial validity of three paragraphs in the … Continue Reading
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