Archives: NLRB

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Unlawful Policy = Unlawful Termination? The NLRB’s Latest Pronouncement

The NLRB recently issued its decision in Flex Frac Logistics, LLC, Case 16-CA-02978, which the NLRB had remanded to the administrative law judge (“ALJ”) for further analysis after finding that the employer maintained an overly broad confidentiality rule.  The specific question remanded to the ALJ was whether the employer’s decision to terminate an employee for … Continue Reading

The NLRB Battle Continues Against Even the Most Basic of Employee Rules

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

Employers Beware! The NLRB Onslaught Continues

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 Employers’ Rules of Conduct

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

ALERT! Regional Director to Northwestern Football Players: Go Forth and Vote!

An NLRB Regional Director has decided that Northwestern University football players who collect grant-in-aid are employees of the University and an appropriate bargaining unit.  This decision is exceptional, and if it remains in effect, it could have significant implications, and not just in the NLRB arena. To learn more, read here.… Continue Reading

D.R. Horton on Steroids: NLRB Invalidates Arbitration Agreement Without Class Waiver

As reported previously here, the National Labor Relations Board (“NLRB” or the “Board”) in D.R. Horton, Inc., 357 NLRB No. 184 (2012), held that requiring employees to enter into an arbitration agreement containing a class/collective action waiver violated the National Labor Relations Act (the “Act”) because the class action waiver inhibited employees from engaging in … Continue Reading

Not So Fast, My Friend! Eleventh Circuit Weighs In On NLRB Recess Appointment Issue

As we previously reported, the United States Court of Appeals for the D.C. Circuit in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013) struck down President Barack Obama’s “recess appointments” of three members of the National Labor Relations Board (“Board”) as unconstitutional, placing into question the legitimacy of numerous (mostly pro-union/employee) decisions issued … Continue Reading

Closing Shop: Courts Look to Rein in the NLRB

Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization.  In areas such as social media, employee confidentiality as to company investigations, and waivers of class arbitrations, the Board has attempted to expand … Continue Reading
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