Arbitration | Labor Relations Update

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing Decisions

By Mark Theodore on December 26th, 2012 Posted in Arbitration, Collective Bargaining, Duty to furnish information, Duty to provide information, Facebook, General Counsel, NLRA, NLRB, Pre-arbitration Discovery, Protected activity, Section 7, Section 8(a)(1), Section 8(a)(5), Uncategorized

Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and formatting which is typical for the final decisions in a Member’s term.” This is a reference to Member Hayes’… Continue Reading

NLRB Hints At Broader Agenda In Witness Statement Case

By Mark Theodore on March 21st, 2011 Posted in Arbitration, Duty to furnish information, Duty to provide information, NLRB, Pre-arbitration Discovery, Section 8(a)(5), Unfair Labor Practices, Witness statements

Employers faced with evidence of employee misconduct often conduct investigations. In many cases, there is no direct evidence. Oftetimes, there exists conflicting versions of events, and so witness statements are obtained. The employer then can consider all the aspects of what happened, taking into consideration who saw what, and the candor of employees. For over 32 years, such… Continue Reading

NLRB GC To Regional Directors: Scrutinize Arbitration Decisions That May Implicate the NLRA

By Mark Theodore on February 1st, 2011 Posted in Arbitration, Deferral, General Counsel, NLRB

The Acting General Counsel of the NLRB, Lafe Solomon, continued to shake up the way matters are handled at the agency, by issuing new guidelines for the handling of pre- and post-arbitration cases. The new policy guidelines will have an immediate impact on cases where the employent action (usually a discharge) has prompted both a grievance (alleging… Continue Reading