Following up on the NLRB’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) detailing how NLRB Regional Offices receiving claims of improper employment policies are to interpret employer workplace
handbook rules
Here We Go: The Full Board Finally Starts to Make Its Mark
By Michael Lebowich & Joshua Fox on
NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks
This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions overruling significant precedent regarding joint-employer status and the legal standard governing whether workplace rules violate the…
NLRB Work Rule Decisions Continue to be a Mixed Bag
By Ronald Meisburg on
As the NLRB continues to wade through the pool of issues arising from social media policies and other workplace rules, an Administrative Law Judge’s recent decision in Cellco Partnership d/b/a Verizon Wireless (July 25, 2014) illustrates the growing number of problems employers face in developing corporate policies and the variability…
Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy
By Mark Theodore on
The NLRB has received a lot of attention for its actions the last couple years. One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings. More to the point, employers were not too thrilled with some things being posted by employees on…
NLRB: Employer’s Harassment Investigation Lawful, But Not Resulting Discipline
By Mark Theodore on
As the end of its fiscal year approaches (September 30), the NLRB pushes more decisions out than it has in the last several weeks. Not a whole lot are of note, honestly. There seems to be an uptick of default judgments being issued,-findings of violations of the NLRA without a…
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…
Employer Meetings, Election Site The Next Targets Of NLRB?
By Mark Theodore on
It’s been a quiet few weeks for the NLRB. Since January 1, the NLRB has issued only a small number of decisions, none of which appear to be noteworthy. There are, of course, many developments that are in process. For example, we still do not know the full effect of…
Handbook Rules Alone May Overturn Decertification Election: NLRB
By Mark Theodore on
The NLRB continues its march to expand the influence of unions in the workplace, this time revisiting an issue that has been the subject of much litigation over the years. In a recent decision in Jurys Boston Hotel, 356 NLRB No. 114 (March 28, 2011).pdf the NLRB ruled (2-1, no…