We have often reported about how an employer’s failure to adequately respond to an information request made by a union can lead to unfair labor practice charges and litigation. Sometimes a union makes an information request for strategic reasons, not for any representational reason. Sometimes, an employer’s response can lead to further complications. The same … Continue Reading
Information requests in the realm of labor relations are simple in theory but can be complicated in practice. We have seen how the topics of information sought by a union can cause skirmishes, sometimes deliberately so. We also have seen that it almost never is a good idea for a party to just deny a request for relevant information … Continue Reading
An employer’s duty to provide information to the union representing its employees is a frequent of topic of interest to labor relations practitioners because it is very easy to violate the law. For example, an employer’s assertion that the information is confidential is not enough to justify failing to turn over the information. And, for a brief period of time … Continue Reading
Since December 2017, when the Board issued a number of decisions which restored precedent that had been changed in the last few years, (discussed here, here, here, and here), not much of note has been happening at the Board. Indeed, there was not a full complement at the Board until April when Chairman Ring was confirmed. Two upcoming events may see … Continue Reading
December saw a flurry of decisions (discussed here, here, here and here) by the NLRB as it briefly held a full complement. The Board currently has only four members and so law-changing decisions are less likely to occur until a new member is confirmed. Board cases still proceed through the courts. Sometimes, as we have seen here and here, a federal … Continue Reading
The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the recent changeover from a majority of Democrat Board Members to a majority of Republican … Continue Reading
Labor Day is upon us. It is fitting, therefore, to enter the weekend with another case that exemplifies the bizarre world of labor relations. Like the case of the human resource manager who turned on his employer, or the nurse who felt her union activity protected her in screaming confrontations, we continue to see new … Continue Reading
During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be employees entitled to organize, and found that two employers may have to bargain together. The Board also changed the longstanding rule … Continue Reading
The end of another NLRB fiscal year is upon us. Today, September 30, marks the last date of the fiscal year. We can expect to see a number of decisions issue from the Board, and many determinations made at the regional level, as the agency attempts to pump up its case processing statistics. We will … Continue Reading
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 to certain terms and conditions of … Continue Reading
The precedents are falling fast. Last week the NLRB overruled the five decade old Bethlehem Steel decision, and now another longstanding precedent has fallen. The NLRB issued a decision overruling Anheuser-Busch, Inc., 237 NLRB 982 (1978), the case that held that witness statements obtained during an employer investigation of workplace misconduct are exempt from disclosure … Continue Reading
Last week the NLRB issued several significant decisions. In the press release announcing the decisions, the agency noted that most were actually issued “the week of December 10, but were issued this week following editing and formatting which is typical for the final decisions in a Member’s term.” This is a reference to Member Hayes’ … Continue Reading
The Board’s fiscal year ended on September 30 with a whimper instead of a bang. We saw a few decisions in the usual year end flurry but most of the major Board initiatives were advanced in the last two years, and so this probably is a calm before the Presidential election. Yet change still is occurring. … Continue Reading
The slow pace at the NLRB continues this Spring, as only one or two decisions are issued each week. Recent decisions, one from the NLRB and one from the District of Columbia Court of Appeals, are worth noting because they illustrate recurring themes under the NLRA. Protecting The Identity Of Employee Informants In Alcan … Continue Reading
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. The first applies to cases involving … Continue Reading
Employers faced with evidence of employee misconduct often conduct investigations. In many cases, there is no direct evidence. Oftetimes, there exists conflicting versions of events, and so witness statements are obtained. The employer then can consider all the aspects of what happened, taking into consideration who saw what, and the candor of employees. For over 32 years, such … Continue Reading
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