On the eve of the last day of Member Ring’s term, and in the third in a string of significant rulings by the National Labor Relations Board (“NLRB” or “Board”) (which we reported on here and here)—with potentially more to come—the Board, in Sunbelt Rentals, Inc., 372 NLRB
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NLRB Majority Decides 50-50 Balls In Employer Favor
By Mark Theodore on
The NLRB has been in a period of dormancy. When the make-up of the Board changed, a lot of people expected an onslaught of NLRB decisions reversing the reversals of precedent made by the agency in the last 8 years. Except for a couple of brief periods, most notably…
Pair of NLRB ALJ Decisions Find Unions Violated NLRA
By Mark Theodore on
It is mid-November, and the Board is at a full complement, and even has a new General Counsel. While we haven’t seen anything significant (or really, anything at all) come out of the newly constituted Board we know the new members are feverishly working on getting some decisions…
The Devil Is In the Details: New Board Members Likely To Change Law In Nuanced Ways
By Mark Theodore on
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…
Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules
By Mark Theodore on
We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated we likely will see big changes to the law. In…
Employer’s Interview Of Employees During Defense Of Unfair Labor Practice Violates Act, NLRB Rules
By Mark Theodore on
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…
NLRB, Union Violated Act When Steward Invoked Company Handbook To Stop Member Complaints
By Mark Theodore on
In the last couple of years, we have seen close scrutiny of employer handbooks by the NLRB. If the agency deems a policy, or a portion of a policy, to be something employees might reasonably construe to inhibit protected activities, it is found to be unlawful. These types of cases…