National Labor Relations Board (“NLRB”) General Counsel (“GC”) Jennifer Abruzzo stated over a year ago that 10(j) injunctions in NLRB charges were “one of the most important tools available to effectively enforce the [National Labor Relations] Act.” GC Memorandum 21-05. Today, the GC has issued another memorandum on the
Supreme Court Set to Decide Whether NLRA Preempts State Law Claims for Property Damage Caused During Strikes
The U.S. Supreme Court’s upcoming term will include review of whether the National Labor Relations Act (the “Act”) preempts state court lawsuits for property damage caused during strikes, which could have significant implications for employers and unions.
Factual Background
The case – Glacier Northwest Inc. v. International Brotherhood of Teamsters
NLRB GC Seeks Dramatic Change to Employer’s Right to Speak to Employees About Unionization at Work
For decades, employers had been free to gather employees to discuss – in a non-coercive manner – the employer’s views on unionization, and had been free to share with employees what employees’ rights were with respect to the same. Earlier today, the NLRB General Counsel issued a memorandum declaring her
New NLRB General Counsel Signals Greater Utilization of 10(j) Injunctions
The recently-sworn in General Counsel of the National Labor Relations Board, Jennifer Abruzzo, has had a busy month, setting the stage for a slate of new enforcement initiatives. First, the GC issued Advice Memorandum 21-04 (discussed here last week), identifying numerous Board decisions that are all but certain to be
Employer’s Policies On Blogging, Solicitation and E-Mail Signature Blocks Lawful, NLRB Rules (For Now, Anyway)
Over the past few years, the National Labor Relations Board has frequently weighed in on employer’s workplace and employee handbook policies, examining whether an employer’s policy impacts employees’ rights under Section 7 of the National Labor Relations Act. Employers received a needed dose of clarity in Boeing Co., 365
Unsigned and Torn Up: NLRB Weighs In On Issues Arising During Mail-Ballot Elections
Though the National Labor Relations Board has established a pathway for holding in-person union elections, mail-ballot elections continue to be the norm in many Regions across the country. Of course, the more mail-ballot elections that occur, the more unique issues arise. In XPO Logistics Freight, Inc., 370 NLRB No.
NLRB: Hearings in Representation Cases with Witnesses Must Be Conducted By Videoconference during COVID-19 Pandemic
As most of the country’s workforce continues to adjust to the new realities of social distancing, stay-at-home orders, and limited travel, the practice of law and the forums for adjudicating disputes have shifted to video and telephonic hearings to ensure that the wheels of justice continue to turn notwithstanding COVID-19.
Employer’s Poll of Workforce Not Unlawful Mass Interrogation, NLRB Rules
When it comes to an unfair practice allegation asserting an employer’s statement is unlawful, words matter. And, so does context. Under NLRB case law, the actual employer statements are evaluated as well as the overall context the words were uttered to determine whether there exists coercion. Recently, the NLRB