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Labor Relations Update

Category Archives: Objectionable Conduct

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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 Gets #SocialMedia: Board and ALJ Rulings Recap

Posted in General Counsel, NLRA, NLRB, Objectionable Conduct, Protected activity, Social Media, Social Media Policies, Unfair Labor Practices

‘April rulings bring May muddling’ might be a better way to tweet recent social media decisions at the National Labor Relations Board (NLRB) given the Board’s ruling in Durham School Services (April 25, 2014) and an Administrative Law Judge’s (ALJ) opinion in Kroger Co. of Michigan (April 21, 2014).  Together, these two decisions show that the… Continue Reading

NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With Decertification Election

Posted in Collective Bargaining, Employer policies, Handbook, NLRA, NLRB, Objectionable Conduct, Recess appointments, Representation Elections, Uncategorized

As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years.  The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of questionable constitutional validity from continuing to render decisions. The NLRB recently ruled that… Continue Reading

NLRB Upholds One Election, Overturns Another In Pair Of Decisions

Posted in NLRA, NLRB, Objectionable Conduct, Representation Elections, Uncategorized

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 agency.  So, it is somewhat noteworthy… Continue Reading

Employer Meetings, Election Site The Next Targets Of NLRB?

Posted in Employer policies, Handbook, NLRA, NLRB, Objectionable Conduct, Representation Elections, Solicitation

It’s been a quiet few weeks for the NLRB.  Since January 1, the NLRB has issued only a small number of decisions, none of which appear to be noteworthy.  There are, of course, many developments that are in process.  For example, we still do not know the full effect of the NLRB’s decision in Specialty… 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