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
duty to bargain
On A Roll: Board Finds No Bargaining Obligation Attaches to Unilateral Actions Consistent with Past Practice
By Mark Theodore & Joshua Fox on
On the eve of Chairman Miscimarra’s departure, the Board has been churning out decision after decision, many of them reversing precedents from the last 8 years.
Today, the NLRB, in Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), returned to the longstanding law of the NLRB…
Employer Did Not Violate Duty To Bargain Over Change To Christmas Gift Policy, NLRB Rules
By Mark Theodore on
What would the holiday season be without a Christmas gift case? A perennial problem for labor relations personnel is whether the yearly Christmas turkey given to employees is something that an employer must bargain over before (bah humbug) discontinuing. See, e.g., Q-1 Motor Express, Inc., 323 NLRB 767, 775…
NLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents
By Mark Theodore on
In another example of the inconsistency of the current state of Board law, a 2-1 majority of the NLRB ruled that an employer not only had a management right but it wasn’t necessary that this right be expressly set forth in the parties’ contract. This is certainly odd because the…
Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions
By Mark Theodore on
The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued. This year is no different, and perhaps more are being issued during these last few days because Member Hirozawa’s term expired on Saturday August 27.…
Non-Compete Agreement A Mandatory Subject of Bargaining, NLRB Rules
By Mark Theodore on
The first day of employment is often chaotic. New employees must learn their way around the jobsite, meet (and remember the names of) many new people and otherwise familiarize themselves with working at a new job. Oh, and there’s the paperwork. Seemingly endless mounds of paperwork. New employees are asked…