As we previously discussed in June 2022, the National Labor Relations Board (“NLRB” or the “Board”) pursued a 10(j) injunction against a Starbucks in Buffalo, New York after it fired workers for allegedly engaging in union organizing activities—an action taken based on an initiative articulated by NLRB General Counsel Jennifer
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NLRB Announces Proposed Rule to Rescind 2020 Amendments to Representation Election Procedures
By Joshua Fox & Ross Evans on
As foreshadowed by the National Labor Relations Board’s (the “Board”) Spring 2022 rulemaking agenda (discussed in our prior post here), Chair Lauren McFerran, Member Gwynne A. Wilcox, and Member David M. Prouty published a Notice of Proposed Rulemaking (“NPRM”) on Friday, November 4, 2022, proposing to rescind a…
Appellate Court Reverses NLRB, Holding Tweet About “Salt Mines” Not an Unfair Labor Practice
By Mark Theodore & Dixie Morrison on
Last week, the Third Circuit reversed a National Labor Relations Board (“NLRB”) decision finding that FDRLST Media, publisher of online news magazine The Federalist, unlawfully threatened its employees when its Executive Officer tweeted about sending employees “to the salt mine” if they tried to form a union. In FDRLST…
BREAKING: NLRB General Counsel Seeks to Scrap 50 Years of Precedent and Require Card Check Recognition
By Joshua Fox, Michael Lebowich & Elizabeth Dailey on
With Congress failing to make the organizing process easier for unions, the NLRB General Counsel Jennifer Abruzzo is now asking the Board to require employers to recognize unions without a secret ballot election.
As foreshadowed by her August 2021 memo on Mandatory Submissions to Advice, in a brief filed…
Union Representation Petitions Increase by Astonishing 57% in the First Half of FY 2022
By Steven Porzio & Melissa C. Felcher on
On April 6, 2022, the National Labor Relations Board (“NLRB” or the “Board”) issued a press release recognizing the shockingly large surge in new union organizing. Specifically, during the first half of Fiscal Year 2022 (October 1, 2021 to March 31, 2022), the NLRB reported that union representation petitions increased…
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…
Third Circuit Takes Supreme Court Cue and Rejects “Implied” Union Contracts
By Mark Theodore, Joshua Fox & Rachel Kessler on
On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing “implied” contracts to survive the expiration of a written agreement. The instant panel held, instead, that “implied” contract provisions that “have no durational limit of their own” are “governed by the…
We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks
By Mark Theodore, Joshua Fox & Raymond Arroyo on
As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum (which we discussed here), the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations have been ripe for reversal by the NLRB.
On March 7, 2022, in response to the NLRB’s…