Following the decision of the National Labor Relations Board in Babcock & Wilcox Construction Co., 361 NLRB No. 132 (December 14, 2014), the NLRB General Counsel has issued Memorandum GC 15-02 (February 10, 2015), which provides guidance to the NLRB regional offices and to the general public regarding the
Ronald Meisburg
NLRB Issues Final Election Rules Revision
By Ronald Meisburg on
As anticipated, the National Labor Relations Board today made public its final revised election rules. The new rules will become effective 120 days following their publication in the Federal Register. The publication date is scheduled to be Monday, December 15, 2014, one day before the expiration of the term of…
NLRB Reverses Course, Gives Employees Certain Rights to Use Employer’s Email
By Ronald Meisburg on
In a decision that reverses existing case law on employee use of employer email, the National Labor Relations Board (with two members filing separate dissents) has decided that under certain circumstances employees do have the right to use and employer’s email to engage in protected communications under the National Labor…
NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity
By Ronald Meisburg on
In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the neighborhood center, was not protected under the NLRA. During the course of their Facebook exchange, which included obscenity-laced…
NLRB Imposes Extraordinary, Tough Remedies for Egregious and Pervasive Violations
By Ronald Meisburg on
In a landmark decision, the National Labor Relation Board has imposed an array of extraordinary remedies against an employer for what the NLRB described as “egregious and pervasive violations” of the National Labor Relations Act. Pacific Beach Hotel, 361 NLRB No. 65 (2014).
As the basis for its imposition of…
NLRB Refines Its Test for Independent Contractor Status
By Ronald Meisburg on
The National Labor Relations Board, with one member dissenting, has issued a decision in which it “refines” the test it uses for determining whether it will find individuals performing services for an employer to be employees, who are covered by the National Labor Relations Act, or independent contractors, who are…
¿Cómo Se Dice: “Lost in Translation”?
By Ronald Meisburg on
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…
Reading the NLRB Signs at the Triple Play Sports Bar
By Ronald Meisburg on
In Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31. (August 22, 2014), the National Labor Relations Board ruled that an employee “liking” a status on Facebook is engaging in protected concerted activities under the NLRA. Employees were unlawfully terminated for ranting about the…