Employers Involved in Union Campaigns Must Remain Vigilant to Avoid Rerun...
Employer conduct during a union organizing drive is intensely scrutinized by the National Labor Relations Board (NLRB). Decisions issued by the current NLRB make clear that even minor violations...
View ArticleNLRB Rules That Employee who Launched “F-Bombs” at Company Owner Did Not Lose...
If an employee curses at and blatantly disrespects the owner of the company for whom he works, most people would reasonably conclude that the employee can be discharged. However, a recent decision...
View ArticleHouse Subcommittee Critiques Aggressive Agenda at National Labor Relations Board
Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National...
View ArticleThe Franchise System in Peril: Joint Employer Status and the NLRB
Over the past few months, the National Labor Relations Board (NLRB) has taken a series of steps to dramatically broaden the long-standing standard of when a wholly-independent company (e.g., a primary...
View ArticleProtected Concerted Activity on Facebook: The NLRB “Likes” This
The National Labor Relations Board (NLRB) continues to expand its interpretation of the forms of employee online behavior that constitute protected concerted activity under the National Labor Relations...
View ArticleNLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now
Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain...
View ArticleNLRB Finally Finds Facebook Activity That It Doesn’t “Like”
The National Labor Relations Board (NLRB) finally found a Facebook conversation it couldn’t bring itself to “Like.” In Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014), the...
View ArticleNLRB Establishes new Right for Employees To Use Company Email During...
On December 11, 2014, a sharply divided National Labor Relations Board (NLRB) ruled in a 3-to-2 decision that employees with access to employer email systems “in the course of their work” must, in most...
View ArticleWhat Do Employers Need to Know in the Wake of the Latest Data Breach?
Sony Pictures Entertainment, Inc. is the latest high-profile business victim of data theft. The consequences have been significant. In response to threats of violence, Sony has reconsidered its range...
View ArticleNLRB Eviscerates Standards for Deferral to Arbitration and Settlement
The foundation of the relationship between an employer and a union is the collective bargaining agreement negotiated by the parties. Central to those agreements are dispute resolution processes that...
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