On August 28, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its decision in Intertape Polymer Corp., 372 NLRB No. 133 (2023) clarifying the standard by which the General Counsel satisfies her initial burden of persuasion in cases involving mixed motives for adverse employment actions. Specifically
Scott Faust
NNU Ebola “Day of Action” Slated for November 12, 2014
By Scott Faust on
Registered nurses in 16 states and the District of Columbia are planning a national “Day of Action” by engaging in strikes, picketing, leafleting, rallies, and candlelight vigils on Wednesday, November 12, in support of demands by National Nurses United (“NNU”) for tougher Ebola safety precautions in the nation’s hospitals. As…
Ebola and Potential Labor Relations Issues
By Scott Faust on
The Ebola panic presently sweeping the U.S. raises a host of potential issues for employers. We recently provided guidance to help employers ensure employee safety while also complying with legal obligations under the Americans with Disabilities Act and similar laws. In addition, the Occupational Health & Safety Administration (OSHA) recently…
Rhyme or Reason? Trying to Make Sense of the NLRB’s Social Media Cases
By Scott Faust on
Since the NLRB’s Office of the General Counsel (“OGC”) issued the first “Facebook” complaint in American Medical Response of Connecticut, Inc. in October, 2010, dozens of unfair labor practice charges involving social media have been filed, the Acting General Counsel has identified social media cases as a priority, and gallons…
NLRB to Healthcare Employers Facing a Strike: You Can Ask, But Employees Don’t Have to Tell
By Scott Faust on
In a 2-1 decision issued on June 30, 2011, the NLRB clarified the interplay of the statutory notice requirements of NLRA Section 8(g) with a health care employer’s right to poll individual employees’ intention to report to work during a strike and the employer’s right to enforce neutral work rules…
NLRB Issues Complaint in NY Facebook Case
By Scott Faust on
In its latest effort to address social media in the workplace, the National Labor Relations Board announced in a May 18 press release that it had filed a complaint against a New York non-profit organization alleging that it unlawfully terminated five employees who complained about working conditions on Facebook.
According…
NLRB Acting General Counsel Clarifies Duty to Provide Information in Bargaining
By Scott Faust on
In a May 17 memorandum, NLRB Acting General Counsel Lafe Solomon furnished guidelines to Regional Directors concerning parties’ obligation to provide information in collective bargaining negotiations.
GC Memorandum 11-13 traces the development of two different analytical frameworks for assessing a party’s obligation to provide requested information to its bargaining counterpart. …