A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.” We noted, for instance, that the Board recently held that an employee’s use of derogatory gender-based comments may not not render a protected outburst “unprotected,” even if
June 2013
Despite Supreme Court’s Grant of Review in Two Important Labor Cases, the Action in the Short Term is in the DC Circuit
It came as no surprise to most labor practitioners this week that the Supreme Court granted certiorari to review the U.S Court of Appeals for the District of Columbia Circuit’s decision in NLRB v. Noel Canning, No. 12-1281. That case, of course, involves the validity of the President’s recess appointments…
NLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights to unionize. The notion of posting such a notice was considered…
NLRB Upholds One Election, Overturns Another In Pair Of Decisions
The very real questions about the NLRB’s decision-making authority may have finally slowed the agency down. We have come to expect over the last few years, a relentless expansion of NLRB authority and reach, especially given the December timeframe when all sorts of surprises seem to come out of the…