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Labor Relations Update

Tag Archives: unfair labor practice

Employer’s Interview Of Employees During Defense Of Unfair Labor Practice Violates Act, NLRB Rules

Posted in General Counsel, NLRA, NLRB, Protected activity, Section 7, Section 8(a)(1), Unfair Labor Practices

We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law.  And sometimes the actions are deemed unlawful even when they are not directly related to the NLRA.  Thus, we’ve… Continue Reading

NLRB Prepared (Sort Of) For Government Shutdown

Posted in General Counsel, NLRA, NLRB

The shutdown of the federal government has reached many facets of society, including the NLRB.   The agency for all intents and purposes closed within a day of the lapse in funding, with Board agents throughout the country sending e-mails and letters to parties informing them case handling  had been suspended and directing everyone to the NLRB’s… Continue Reading

Post-Labor Day Evaluation Shows….Very Little Activity At NLRB

Posted in Handbook, NLRA, NLRB, Section 8(a)(1), Unfair Labor Practices

What a difference a year makes.  Last year, we saw a blizzard of change coming from the NLRB.  One could forecast what was going to happen due to the proactive nature of the agency’s public expression of its intentions, as well as its solicitation of viewpoints.  It seemed every month brought some new, big change… Continue Reading

Boilerplate Language In NLRB Settlement Agreement Leads To Default Judgment

Posted in General Counsel, NLRB, Unfair Labor Practices

During the last several months, the NLRB has made no secret that it wants to make changes to precedent and policy.  We have seen public pronouncements about ambush elections, employee rights posters, micro bargaining units, and other issues.  Just because the NLRB doesn’t highlight a policy change doesn’t mean the change cannot have widespread consequences…. Continue Reading

Independence Day Incrementalism: NLRB (Again) Expands On Precedent By Ruling Employer Off-Duty Access Rule Unlawful

Posted in General Counsel, Handbook, NLRA, NLRB, Off-duty Access, Protected activity, Section 7, Section 8(a)(1), Unfair Labor Practices

Last year the NLRB’s order of the day was sweeping change.  That brought us the employee rights poster, the ambush election rules, and micro unions.  The Board today is not acting in such a bold manner, and instead is seeking gradual change through a policy of incrementalism.  We saw recently how the current Board expanded… Continue Reading

Court Strikes Down Portions Of NLRB Notice Posting Rules

Posted in Employer policies, NLRA, NLRB, Protected activity, Representation Elections, Rights Poster, Rulemaking, Section 7, Section 8(a)(1), Unfair Labor Practices

A federal judge in the District of Columbia handed employers a significant partial victory in the ongoing skirmish over the NLRB’s attempts to require all employers under its jurisdiction to post a notice of employee rights.  As we have noted previously, the NLRB postponed the original November 14, 2011 compliance date, only to postpone it… Continue Reading