We already know that when it comes to the NLRB there already are several actions an employer can take that violate the NLRA, even though such actions would be perfectly acceptable under any other employment law. And sometimes the actions are deemed unlawful even when they are not directly related
unfair labor practice
NLRB Prepared (Sort Of) For Government Shutdown
By Mark Theodore on
The shutdown of the federal government has reached many facets of society, including the NLRB. The agency for all intents and purposes closed within a day of the lapse in funding, with Board agents throughout the country sending e-mails and letters to parties informing them case handling had been suspended…
Post-Labor Day Evaluation Shows….Very Little Activity At NLRB
By Mark Theodore on
What a difference a year makes. Last year, we saw a blizzard of change coming from the NLRB. One could forecast what was going to happen due to the proactive nature of the agency’s public expression of its intentions, as well as its solicitation of viewpoints. It seemed every month…
Boilerplate Language In NLRB Settlement Agreement Leads To Default Judgment
By Mark Theodore on
During the last several months, the NLRB has made no secret that it wants to make changes to precedent and policy. We have seen public pronouncements about ambush elections, employee rights posters, micro bargaining units, and other issues. Just because the NLRB doesn’t highlight a policy change…
Independence Day Incrementalism: NLRB (Again) Expands On Precedent By Ruling Employer Off-Duty Access Rule Unlawful
By Mark Theodore on
Last year the NLRB’s order of the day was sweeping change. That brought us the employee rights poster, the ambush election rules, and micro unions. The Board today is not acting in such a bold manner, and instead is seeking gradual change through a policy of incrementalism.
Court Strikes Down Portions Of NLRB Notice Posting Rules
By Mark Theodore on
A federal judge in the District of Columbia handed employers a significant partial victory in the ongoing skirmish over the NLRB’s attempts to require all employers under its jurisdiction to post a notice of employee rights. As we have noted previously, the NLRB postponed the original November 14, 2011 compliance…