Employers, particularly outward facing ones, can find external union protest activity in front of the business to be annoying. The NLRB recently ruled that the employer cannot enlist employees to assist in countering such efforts. In Fresh & Easy Neighborhood Market, Inc., 358 NLRB No. 65 (June 25, 2012).pdf
Mark Theodore
Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice Group.
Some recent highlights of his career include:
- Successfully defended client against allegations that it had terminated a union supporter and isolated another. T-Mobile USA, Inc., 365 NLRB No. 15 (2017).
- Successfully appealed NLRB findings that certain of client’s written policies violated the National Labor Relations Actions Act. T-Mobile USA, Inc., 363 NLRB No. 171 (2016), enf’d in part, rev’d in part 865 F.3d 265 (5th Cir. 2017).
- Represented major utility in NLRB proceedings related to organizing of planners. Secured utility-wide bargaining unit. Bargained on behalf of grocery chain. After negotiations reached an impasse, guided the company through lawful implementation of five year collective bargaining agreement.
- Coordinated employer response in numerous strike situations including a work stoppage across 14 western states of the client’s operations.
Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in a variety of industries, including national, multi-unit, multi-location, multi-employer and multi-union bargaining. Mark has handled lockout and strike situations, coordinating the clients efforts.
In addition, Mark has handled hundreds of arbitrations involving virtually every area of dispute, including contract interest arbitration, contract interpretation, just cause termination/discipline, benefits, pay rates, and hours of work.
Summer Kick-off: NLRB Tags Two Unions With Violations Of Act
What with the last several months of onslaught directed at employers,which includes the new election regulations, micro unions, the hoopla over social media, it is hard to forget that sometimes the NLRB is confronted with actions against unions. In any given year, such actions make up a…
Social Media In Perspective: Labor and Employment Law Developments
Following on the success of our March webinar, “Labor Relations Update: Live,” Ronald Meisburg and Katharine Parker will be presenting a webinar on Wednesday, June 13th, entitled “Social Media in Perspective – Labor and Employment Law Developments.” Ronald is a frequent author of this blog and the co-head of Proskauer’s…
Acting NLRB GC Issues Additional Report On Social Media – Somewhat Useful
The Acting General Counsel of the NLRB has issued today an “updated” report on social media cases. As we have reported frequently here, the NLRB has taken action against employers who clamp down on employee use of social media that may implicate the National Labor Relations Act. At times…
Federal Court Invalidates Ambush Election Rules, Dealing NLRB Yet Another Setback
The NLRB’s agenda for bringing about massive change despite severe opposition continues to be stalled by legal challenges. Last month, the Board’s employee rights poster notice rule was invalidated. Now, a month later, a federal judge in the District of Columbia has ruled that the ambush election rules, which…
NLRB: Maliciously False Statements By Employee To Third Party Not Protected
A problem that has vexed employers since the inception of the NLRA is the exact contours of employee free speech under the Act. We know that employees are given a great deal of latitude to express discontent, even to the point where they can wear t-shirts identifying themselves as prisoners…
NLRB Ambush Election Regulations Set To Go Into Effect – April 30
As anticipated, the new election regulations adopted by the Board shortly before the holidays are set to go into effect as planned on April 30, 2012. In anticipation of this event, Acting General Counsel Lafe Solomon issued GC 12_04 Guidance Memorandum on Representation Case Procedure Changes.pdf, a…
Micro Union Case Hits Federal Court Of Appeals
One of the NLRB’s most sweeping decisions in decades, Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (August 26, 2011).pdf, has reached a federal appeals court, as the employer seeks to have the decision overturned. As we have previously discussed, the Board in this case established …