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Labor Relations Update

Category Archives: Decertification elections

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¿Cómo Se Dice: “Lost in Translation”?

Posted in Decertification elections, Objectionable Conduct, Representation Elections

Labor law is filled with many technical rules, the meaning of which can sometimes can be lost in translation.  The recent NLRB decision in Labriola Baking Co., 361 N.L.R.B. No. 41 (2014), is a case in point. During a campaign before a decertification election, an employer’s representative stated in a speech to the employees:  “If you… Continue Reading

NLRB Overturns Decert Election Based On Employer’s “Promises” Of 401(k)

Posted in Decertification elections, Employer policies, Handbook, NLRA, NLRB, Section 8(a)(1), Uncategorized

The last few months have seen very little in the way of NLRB decisions.  The recent Supreme Court decision  where the recess appointments to the NLRB were invalidated, likely will further slow down the process of issuing decisions. Still, the NLRB has had a full complement of members for almost a year, and the agency manages to… Continue Reading

NLRB: Employer’s Harassment Investigation Lawful, But Not Resulting Discipline

Posted in Decertification elections, Handbook, Leaving work without permission, NLRA, NLRB, Protected activity, Section 7, Section 8(a)(1), Unfair Labor Practices

As the end of its fiscal year approaches (September 30), the NLRB pushes more decisions out than it has in the last several weeks.  Not a whole lot are of note, honestly.  There seems to be an uptick of default judgments being issued,-findings of violations of the NLRA without a formal hearing,–but it is difficult… Continue Reading

Blizzard part 2: NLRB Reverses Dana and MV Transportation

Posted in Bargaining units, Decertification elections, NLRA, NLRB, Representation Elections, Section 9(a)

The scope of the blizzard is becoming more defined as the NLRB rolls out decisions it reached in the waning days of Chairman Liebman’s term. As previously reported on this blog, the NLRB was considering reversing Dana Corp, 351 NLRB 434 (2007) where it held that employees who become represented by a union pursuant to… Continue Reading

Handbook Rules Alone May Overturn Decertification Election: NLRB

Posted in Buttons, Decertification elections, Handbook, Loitering, NLRB, Objectionable Conduct, Solicitation

The NLRB continues its march to expand the influence of unions in the workplace, this time revisiting an issue that has been the subject of much litigation over the years.  In a recent decision in Jurys Boston Hotel, 356 NLRB No. 114 (March 28, 2011).pdf the NLRB ruled (2-1, no surprise Member Hayes dissented) that the… Continue Reading