The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued. This year is no different, and perhaps more are being issued during these last few days because Member Hirozawa’s term expired on Saturday August 27.
Unfair Labor Practices
Non-Compete Agreement A Mandatory Subject of Bargaining, NLRB Rules
By Mark Theodore on
The first day of employment is often chaotic. New employees must learn their way around the jobsite, meet (and remember the names of) many new people and otherwise familiarize themselves with working at a new job. Oh, and there’s the paperwork. Seemingly endless mounds of paperwork. New employees are asked…
Recent NLRB Decision A Reminder That NLRA Can Protect Actions Of A Single Employee
By Mark Theodore on
So far, it has been a long quiet Summer with little NLRB activity, – with the exception of the recent ruling that temporary agency employees can be part of a bargaining unit with the principal employer’s employees, of course. More change may be coming, though. The end of the…
NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes
By Mark Theodore on
Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be negotiated before changes can be made. Sometimes, however, the parties agree that management can make changes…
Union Represented Employee Not Entitled To Co-Worker Witness During Investigatory Interview, NLRB Rules
By Mark Theodore on
The last few months at the NLRB have been relatively quiet, save of course for the ambush election rules which went into effect on April 15; the true impact of these rules has yet to be revealed. Many of the recent Board cases involve correcting decisions that were invalidated by…
Search Of Company Vehicle Not Employee Interview Triggering Weingarten Rights, NLRB Division of Advice
By Mark Theodore on
The scope of a union-represented employee’s right to have a union representative present during an investigatory interview is one of the more interesting areas of labor law. Even though most people who practice labor relations know the basics of the so-called Weingarten rights, the same types of questions continue to…
Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt
By Mark Theodore on
In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in National Labor Relations Board v. Noel Canning (USSC June 26, 2014) means…
Old Fashioned Protected Concerted Activity Stirred Up With A Twist
By Ronald Meisburg on
A recent NLRB ALJ decision illustrates the old and the new under the National Labor Relations Act (“Act”). The case is Gates & Sons Barbeque of Missouri, Inc. and Workers’ Organizing Committee, Kansas City, No. 14-CA-110229 (June 17, 2014).
In this case, the employer operated a successful chain…