Tag Archives: NLRA

NLRB: Being Abusive Is Not Protected Union Activity

By Michael Chamberlin and Joseph S. Persoff on July 27, 2020 Posted in NLRB, Unions

Under the National Labor Relations Act (NLRA), a union member cannot be disciplined for forming or joining unions, bargaining collectively, or engaging in other activities for the purpose of collective bargaining, such as striking. But this protection does not immunize a union member from discipline for any type of inappropriate conduct while engaging in protected … Continue Reading

What Is the State of Joint Employment?

By Todd Lebowitz on October 7, 2018 Posted in Department of Labor, National Labor Relations Board

Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his agenda and vision, half the audience cheers wildly, while the other half makes frowny faces. All the while, members of the Supreme Court sit stone-faced, internally cheering or wincing but … Continue Reading

Joint Employment Update: What’s The Status of Browning-Ferris and the NLRB?

By Todd Lebowitz on January 30, 2017 Posted in NLRB

In August 2015, the NLRB rewrote the book on joint employment, declaring in the Browning-Ferris case that the right to exercise minimal control, even if not actually exercised, was enough to create a joint employment relationship. (Read more here.) Previously, joint employment under the National Labor Relations Act (NLRA) required the actual exercise of a meaningful … Continue Reading

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

By Pat Muldowney on November 24, 2014 Posted in NLRB, Unions

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning such information. Depending upon the outcome of a recently filed charge before the National Labor Relations Board (“NLRB” or the “Board”), unionized employers … Continue Reading

Can Employees Really Arm Themselves with Recording Devices as They Go About Their Daily Work?

By Elliot Azoff on June 25, 2014 Posted in NLRB

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

Closing Shop: Courts Look to Rein in the NLRB

By Pat Muldowney on June 27, 2013 Posted in 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