Scott Tan
Scott Tan is a law clerk in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Group.
Scott earned his J.D. from the UCLA School of Law, where he served as a problem developer and member of the Moot Court Honors Board. He also worked as a research assistant for Dean Jennifer Mnookin and Professor Hiroshi Motomura.
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In Universal Health Services, Inc., 370 N.L.R.B. No. 118 (April 30, 2021), the Board dismissed a complaint alleging that an employer’s bargaining proposals seeking significant concessions violated the duty to bargain in good faith. Notably, the Board found that even when faced with extreme proposals, a union must still “test” the employer’s willingness to make … Continue Reading
On April 30, 2021, in National Association of Broadcast Employees & Technicians, 370 NLRB No. 114 (2021), the Board declined to opine on the validity of President Biden’s termination of former General Counsel Peter Robb and subsequent replacement with Acting General Counsel Peter Sung Ohr. It now sets the stage for a federal court of … Continue Reading
As we have often discussed, there is a fine line between protected and unprotected activity. Profane outbursts, deliberate misconduct, or highly-disruptive strikes may fall outside the protection of the NLRA, subjecting employees to lawful disciplinary action by their employers. On December 7, 2020, the Board reaffirmed its prior decisions holding that an employer’s discharge of … Continue Reading
On November 24, 2020, the Board held that a high-level executive’s tweet violated Section 8(a)(1) of the NLRA by interfering with or restraining employees’ protected, concerted activity. In FDRLST Media, LLC, 370 NLRB No. 49 (2020), the Board reaffirmed its longstanding principle that a violation of Section 8(a)(1) does not depend on the employer’s motive … Continue Reading
One area of controversy over the years is the NLRB’s attempt to interpret markings on representation ballots that are not clearly “yes” or “no.” This has given rise to a number of tests for divining voter intent. Overruling decades of conflicting precedent involving the interpretation of a voter’s intent, the NLRB issued a key decision … Continue Reading
The Board continues to issue decisions amidst the COVID-19 pandemic, while acknowledging that business operations around the country are far from “business as usual.” The agency is up and running. Representation elections vote counts are being conducted via video conference as are hearings. The remedy stage of unfair labor practice proceedings also has caught up … Continue Reading
In the past, we frequently have discussed protected activity and how an employee’s profane outburst or deliberate conduct may render otherwise protected activity, “unprotected.” However, as this recently issued decision reinforces, the Board is usually quite tolerant of impulsive behavior and outbursts in response to legitimate grievances over the terms and conditions of employment. Plant … Continue Reading
On March 19, 2020, the NLRB announced that it was suspending all representation elections through April 3, 2020. The Board stated that the suspension was necessary to ensure the safety of its own employees, as well as those members of the public involved in the elections. Today, the Board announced that it will not extend … Continue Reading
Although, like everyone else, the personnel at the NLRB have been consumed with the impact of the COVID-19 pandemic on daily operations, including the ability of its Regional Offices to function and serve the public, the Board nevertheless continues moving forward on non-COVID-19 matters as well. On March 31, 2020, the NLRB announced it had … Continue Reading
On March 27, 2020, NLRB General Counsel Peter Robb issued Memorandum GC-20-04 to provide guidance to NLRB regional offices and the general public. Acknowledging that “we are [currently] in an unprecedented situation,” the General Counsel provided summaries of several NLRB decisions discussing how, if at all, an employer’s duty to bargain under NLRA Section 8(d) … Continue Reading
In prior posts, we’ve discussed how information requests in the context of labor relations can be deceptively complex to comply with for employers. We’ve seen how an employer’s assertion of confidentiality, standing alone, is not enough to justify denying a request. Sometimes, albeit rarely, the NLRB has determined the subject of some requested information is … Continue Reading
Shamrock Foods Company, 369 N.L.R.B. No. 5 (January 7, 2020) is the latest in the National Labor Relations Board’s series of employer-friendly decisions. In Shamrock Foods, the Board held that an employer did not violate Sections 8(a)(3) and (1) of the National Labor Relations Act by offering and entering into a settlement agreement with an … Continue Reading
NLRB: Employer’s “Hard-Bargaining” Proposals—By Themselves—Did Not Violate Duty to Bargain in Good Faith
By Mark Theodore, Joshua Fox and Scott Tan on Posted in Uncategorized
NLRB Declines to Address Validity of Acting GC’s Appointment, Instead Deferring the Issue to the Courts
By Steven Porzio, Joshua Fox and Scott Tan on Posted in NLRB
NLRB: Employer’s Good-Faith Belief in Employee’s Misconduct Insufficient to Justify Terminating Employee Engaged in Protected Activity
By Joshua Fox, Mark Theodore and Scott Tan on Posted in Uncategorized
NLRB: Employer Tweet Unlawfully Restrained Protected Activity
By Mark Theodore, Joshua Fox and Scott Tan on Posted in Uncategorized
NLRB Establishes Bright-Line Rule Voiding Election Ballots with Dual or Additional Markings
By Mark Theodore and Scott Tan on Posted in NLRA, NLRB, Representation Elections
NLRB Suspends Remedial Notice-Posting Requirements for Facilities Shutdown During COVID-19 Pandemic
By Mark Theodore, Joshua Fox and Scott Tan on Posted in NLRA, NLRB
NLRB: Employee’s Profanity and Threatening Comments Insufficient to Forfeit Protections of the Act
By Mark Theodore and Scott Tan on Posted in NLRA, NLRB
BREAKING: NLRB Announces Representation Elections Will Resume April 6, 2020
By Mark Theodore and Scott Tan on Posted in NLRA, NLRB, Representation Elections
NLRB Issues Final Rule Reworking Union Election Procedures
By Mark Theodore, Joshua Fox and Scott Tan on Posted in NLRA, NLRB, Rulemaking
NLRB General Counsel Issues Guidance on the Duty to Bargain During Emergencies
Union’s Failure to Provide Factual Reasons as to Why It Needed Certain Information Privileged Employer to Deny Request, NLRB Rules
By Mark Theodore and Scott Tan on Posted in NLRA, NLRB, Section 8(a)(5)
NLRB: Outsized Payment to Union Supporter to Waive Reinstatement in Board Settlement Not Unlawful Bribe
By Mark Theodore, Joshua Fox and Scott Tan on Posted in NLRA, NLRB, Section 8(a)(3)
