Employers routinely conduct investigations of workplace misconduct or other incidents. When doing so, many will direct employee witnesses or complainants not to discuss the investigation with other employees. There are a number of legitimate reasons for this, all aimed at protecting the integrity of the investigation and facilitating the search
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Court Upholds Non-Employee Property Access Rights
By Ronald Meisburg on
In a decision affirming the National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that employees of a contractor working for a contract restaurant operator located in another employer’s hotel/casino, have a right to pass out handbills inside the hotel/casino at the…
Can a Neutrality Agreement be an “Improper Payment” to a Union?
By Ronald Meisburg on
A recent U.S. Court of Appeals decision has opened the door for attacks on the legality of some neutrality agreements entered into between unions and employers. In Mulhall v. UNITE HERE, Local 355 et al., __ F.3d __ , No. 11-10594 (11th Cir., January 18, 2012), a case backed…
A Heaping Helping of Bad Law and a Side of Full Disclosure
By Ronald Meisburg on
In one of its last rulings before Member Becker’s recess appointment ended, the National Labor Relations Board (“NLRB”) has held that individual agreements between an employer and an employee covered by the National Labor Relations Act (“NLRA”), which require the arbitration of employment-related claims arising under other federal and state…
NLRB Issues Three Interesting Decisions
By Ronald Meisburg on
On December 22, 2011, the NLRB issued three unanimous decisions that are interesting but not earth shattering or surprising, given the facts.
The first decision deals with the new default language which the Acting General Counsel is requiring in settlement agreements under GC Memorandum 11-04 (January 12, 2011) and GC…
Killing the Message and the Messenger – Can the NLRB Pull the Trigger?
By Ronald Meisburg on
The period for filing comments has now expired both for the NLRB’s proposed election regulations (killing the message by drastically shortening the time frame within which an employer may communicate with its employees between a union election petition and the secret ballot election), and the Department of Labor’s amendments to…
Regulatory Two-Step – DOL and NLRB Announce Proposed Rules Limiting Employer Communications with Employees Regarding Union Representation
By Ronald Meisburg on
This week federal labor agencies have launched two proposed rulemakings of significance. Both may have a substantial impact on the substance and process of employer communications with employees on the issue of union representation.
First, the U.S. Department of Labor, Office of Labor-Management Services, announced a notice of proposed rule…
Increase in Rat Population Predicted
By Mark W. Batten on