8(b)(2)

Union’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the Board View More…

Advice

NLRB Advice Memorandum: Firing Employees Because of Discussions Related to Tip-Pooling Violates Section 8(a)(1)NLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related ULP Charges View More…

Advice Exemption

Concluding the 2016 Persuader Rule Changes "Exceeded Authority" of the LMRDA, DOL Rescinds ThemOut With A Whimper: DOL Moves To Rescind Persuader Rules View More…

Arbitration

Federal Appeals Court Vacates Arbitration Award, Concluding Arbitrator Issued Own “Brand of Industrial Justice”NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral Decisions View More…

Artificial Intelligence

SAG-AFTRA Strikes Back:  Files ULP Over AI Darth Vader in Fortnite View More…

At-Will

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The ActNLRB Developments Post-Election - What The Future May Hold In Labor Relations View More…

Bargaining units

Special Delivery: NLRB Returns to Obama-Era Standard to Limit Employer Ability to Change a Proposed Bargaining UnitNo “Finite Fellows” in the Bargaining Unit – the Board Weighs in on Temporary Workers View More…

Buttons

Buttoning Up Rules on Union Insignia - Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those With Customer Contact WorkHandbook Rules Alone May Overturn Decertification Election: NLRB View More…

Collective Bargaining

Undergraduate Bargaining Units Are Here to Stay—and 20,000 Members Stronger“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and NCAA View More…

Confidentiality

Applying the Boeing Standard, NLRB Upholds Employer's Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of Confidential InformationBusy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation View More…

Coronavirus

New York State Bill Mandating COVID-19 Safety Standards in the Workplace Provides Carve-out for Unionized EmployersNo Reasonable Expectation of Recall? No Election: Board Cancels Union Election at Casino Closed During COVID-19 View More…

COVID-19

Guidance: Can Employers of Unionized Workers Require the COVID Vaccine?New York State Bill Mandating COVID-19 Safety Standards in the Workplace Provides Carve-out for Unionized Employers View More…

Decertification elections

NLRB Continues to Aid Workers in Ousting UnionsNLRB Announces Three Proposed Rulemaking Amendments Aimed at Overhauling Union Election Procedures – With More to Come! View More…

Deferral

NLRB Gives End of Year Gift for Employers, Restores Longstanding Standard for Deferring to Arbitral DecisionsNLRB Majority Stuns Nation By Ruling Employer Has Management Right, Chairman Dissents View More…

Department of Labor

Texas Federal Judge Enjoins Part of DOL Prevailing Wage RuleBREAKING: The Department of Labor and The National Labor Relations Board Announce Agreement Enhancing Cooperation Between the Agencies View More…

Due Process

Circuit Court Rejects Attack On NLRB's New Witness RuleNLRB GC's Attempt At Summary Judgment In Handbook Case Rejected By NLRB Majority View More…

Duty to furnish information

NLRB: Unions Also Obligated To Provide Timely Relevant and Necessary Information Requested by EmployersNLRB: Employer's Reasons For Policy Changes Kept Union's Information Request Alive Even After Proposals Withdrawn View More…

Duty to provide information

NLRB: Unions Also Obligated To Provide Timely Relevant and Necessary Information Requested by EmployersNLRB: Employer's Reasons For Policy Changes Kept Union's Information Request Alive Even After Proposals Withdrawn View More…

Ebola

NNU Ebola “Day of Action” Slated for November 12, 2014 View More…

Email

You’ve Got Mail: NLRB Requests Briefing on Standard for Employee Use of Employer Owned Electronic Communication SystemsNLRB Settlements Can Be Tricky, Especially If You Don't Inform The Agency View More…

Employer policies

NYC Enacts Severance Pay Requirements for Displaced Hotel WorkersNLRB: Policy Prohibiting Personal Cell Phones in Work Areas Due to Safety Concerns May Be Lawful under Boeing View More…

Executive Order

President Biden Signs Executive Order Directing Agencies to Prioritize Pro-Union and Union Neutrality Policies View More…

Facebook

NLRB Says On-Line Planning For Insubordination Is Not Protected Concerted ActivityReading the NLRB Signs at the Triple Play Sports Bar View More…

General Counsel

No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and NCAA View More…

Handbook

It’s Up To You New York, New York; NLRB Reinstates Worker-Friendly Standard for Access to Third-Party PropertyNLRB: Policy Prohibiting Personal Cell Phones in Work Areas Due to Safety Concerns May Be Lawful under Boeing View More…

Healthcare Employers

NLRB General Counsel Issues Guidance on the Duty to Bargain During EmergenciesUnion Adherent's Antics Not Protected By Act, NLRB Rules View More…

Higher Education

Coalition of Higher Ed Unions Issues Joint Statement on Future of Higher Ed under Harris Administration Unionization in Higher Education on the Rise – and Proskauer is Actively in the Thick of It View More…

Investigations

Johnnie’s on the Spot; Board Reaffirms Standards for Employer Interrogations of Employees in Preparation for NLRB ProceedingsNLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations View More…

Investigations

NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice InvestigationsUnion’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the Board View More…

Joint Employer

“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and NCAANLRB Issues its Final Rule for its New Joint Employer Standard View More…

Labor Relations

NLRB Firing Decision Stayed; Board to Stay Without a QuorumNew York City to License Hotels: What You Need to Know View More…

Labor Relations Consultants

Concluding the 2016 Persuader Rule Changes "Exceeded Authority" of the LMRDA, DOL Rescinds ThemOut With A Whimper: DOL Moves To Rescind Persuader Rules View More…

Leaving work without permission

Old Fashioned Protected Concerted Activity Stirred Up With A TwistNLRB: Employer's Harassment Investigation Lawful, But Not Resulting Discipline View More…

LinkedIn

Finding Certain Facebook Activity To Be Unprotected, NLRB Dismisses Two Charges View More…

Loitering

Handbook Rules Alone May Overturn Decertification Election: NLRB View More…

Mandatory submissions

Union Represented Employee Not Entitled To Co-Worker Witness During Investigatory Interview, NLRB RulesAdvice, Anyone? View More…

NLRA

NLRB Acting GC: Secret Recordings Of Negotiations Violate NLRA  Oregon’s Cannabis Labor Peace Law Struck Down View More…

NLRB

Fifth Circuit Bites into NLRB: Apple’s Union Campaign Conduct LawfulMyers Lives: Third Circuit Affirms Precedent Shift But Remands Finding of Protected Concerted Conduct in Light of Affirmative Defenses View More…

NLRB Election Rules

BREAKING: Senate Recesses Before Election Without Voting on NLRB NomineesD.C. Circuit Strikes Down Board’s Mail Election Ruling for Lack of Justification View More…

Non-Union employers

NLRB General Counsel Issues Handbook on Handbook RulesNLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces View More…

Objectionable Conduct

¿Cómo Se Dice: “Lost in Translation”?NLRB Gets #SocialMedia: Board and ALJ Rulings Recap View More…

Off-duty Access

It’s Up To You New York, New York; NLRB Reinstates Worker-Friendly Standard for Access to Third-Party PropertyNational Labor Relations Board: Labor Day Roundup View More…

OSHA

OSHA Issues Final Rule Allowing Employee Third-Party Representatives to Enter Workplace – Including Labor Unions View More…

Persuader Rules

Concluding the 2016 Persuader Rule Changes "Exceeded Authority" of the LMRDA, DOL Rescinds ThemOut With A Whimper: DOL Moves To Rescind Persuader Rules View More…

Pre-arbitration Discovery

Holiday Season Extravaganza: NLRB Issues Flurry Of Law Changing DecisionsNLRB Hints At Broader Agenda In Witness Statement Case View More…

Preemption

NLRB Sues Oregon Seeking To Invalidate State Law Prohibiting “Captive Audience” MeetingsNLRB Sues Arizona Over Secret Ballot Legislation View More…

Presidential Actions and Executive Orders

U.S. Supreme Court Temporarily Stays NLRB Board Member Reinstatement; Board to Again Stay Without a QuorumNLRB Firing Decision Stayed; Board to Stay Without a Quorum View More…

Protected activity

“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and NCAAIt’s Up To You New York, New York; NLRB Reinstates Worker-Friendly Standard for Access to Third-Party Property View More…

Recess appointments

DC Circuit: NLRB Acting General Counsel Solomon's Tenure Violated Vacancy Statute, Unfair Labor Practice Complaint UnauthorizedSupreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt View More…

Relocation

Is the Board Ready to Move on Relocation Decisions? View More…

Representation Elections

Update: Despite Order Striking Down Portions of NLRB Rulemaking on Representation Election Procedures, NLRB Implements Rules Unaffected by OrderBreaking: Federal Court Strikes Down New NLRB Rules on Representation Election Procedures; Implementation Delayed and Status of the Rules Uncertain View More…

Right To Work Laws

Pair of NLRB ALJ Decisions Find Unions Violated NLRAFederal Appeals Court Rules Counties May Enact Right To Work Laws View More…

Rights Poster

NLRB Imposes Extraordinary, Tough Remedies for Egregious and Pervasive ViolationsThe NLRA Rights Poster Lives on Through Other Means View More…

Rulemaking

Update: NLRB Final Rule Governing Employee-Status of Student Workers May Issue As Soon As September 2020NLRB Issues Final Rule Reworking Union Election Procedures View More…

Secondary boycott

No, Unions Do Not Have A Free Speech Right To Engage In Unlawful Secondary Boycott Activity, Federal Appeals Court Rules View More…

Section 14(b)

Federal Appeals Court Rules Counties May Enact Right To Work Laws View More…

Section 2(3)

Update: NLRB Final Rule Governing Employee-Status of Student Workers May Issue As Soon As September 2020NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees” View More…

Section 7

NLRB Regional Director Targets No-Poach Agreements in Latest ComplaintNo Limits: Board Finds Hotel Improperly Limited Bargaining Subjects View More…

Section 8(a)(1)

NLRB Regional Director Targets No-Poach Agreements in Latest ComplaintNLRB Nixes Reopening Remedy after Remand from D.C. Circuit View More…

Section 8(a)(2)

NLRB Office of the General Counsel Advises that Uber Drivers Are Not Statutory “Employees”Dues Checkoff Clear In Revocation Requirements, Says NLRB (By Default) View More…

Section 8(a)(3)

NLRB Regional Director Targets No-Poach Agreements in Latest ComplaintNLRB Nixes Reopening Remedy after Remand from D.C. Circuit View More…

Section 8(a)(5)

No Limits: Board Finds Hotel Improperly Limited Bargaining SubjectsA Direct Hit: NLRB Expands Make-Whole Remedies to Cover All “Direct or Foreseeable" Financial Harm View More…

Section 8(b)(1)(A)

Union’s Efforts to Scare Employees From Participating in Employer Investigations Rebuked by the BoardUsing a Cat to Chase the Inflatable Rat: NLRB General Counsel Urged Reconsideration of Board Precedent Regarding Banners and Signal Picketing of Neutral Employers View More…

Section 8(b)(3)

NLRB: Unions Also Obligated To Provide Timely Relevant and Necessary Information Requested by EmployersTurns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law...Who Knew? View More…

Section 8(b)(4)(i)(B)

Ninth Circuit Overturns Board Decision Finding Unlawful Secondary Picketing, Citing Insufficient Evidence of an Intent to Coerce a Neutral EmployerNo, Unions Do Not Have A Free Speech Right To Engage In Unlawful Secondary Boycott Activity, Federal Appeals Court Rules View More…

Section 8(g)

NLRB to Healthcare Employers Facing a Strike: You Can Ask, But Employees Don't Have to Tell View More…

Section 9(a)

NLRB's Micro-Union Standard May Be Set For ReversalBlizzard part 2: NLRB Reverses Dana and MV Transportation View More…

Section 9(b)

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its MisapplicationBoard Reverses 32-Year-Old Rule Allowing Employers to Oust Mixed-Guard Unions View More…

Section 9(c)(5)

Micro-Units under the Microscope: The Second and Fifth Circuit Courts Consider Specialty Healthcare and Its MisapplicationMicro Union Case Hits Federal Court Of Appeals View More…

Social Media

You’ve Got Mail: NLRB Requests Briefing on Standard for Employee Use of Employer Owned Electronic Communication SystemsNLRB Reverses Course, Gives Employees Certain Rights to Use Employer's Email View More…

Social Media Policies

NLRB Reverses Course, Gives Employees Certain Rights to Use Employer's EmailNLRB Says On-Line Planning For Insubordination Is Not Protected Concerted Activity View More…

Solicitation

It’s Up To You New York, New York; NLRB Reinstates Worker-Friendly Standard for Access to Third-Party PropertyEmployers No Longer Have To Allow Union Representatives Use of Public Areas, NLRB Majority Rules View More…

Specialty Healthcare

Special Delivery: NLRB Returns to Obama-Era Standard to Limit Employer Ability to Change a Proposed Bargaining UnitNLRB Puts a Finer Point on Its Community of Interest Test with a New Three-Step Analysis View More…

Strikes

The Honeymoon is Over: Strikes on the Rise…Even Before A First ContractEmployer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority View More…

Uncategorized

Hard Bargaining Gone Bad: D.C. Cir. Upholds NLRB’s Bad-Faith FindingAmazon, SpaceX Must Navigate Procedural Roadblocks in Constitutional Challenge of NLRB View More…

Unfair Labor Practices

Despite Supreme (Court) Blow, Latest NLRB GC Memorandum Advocates for the Aggressive Pursuit of 10(j) Injunctions“Fight On”; NLRB’s Regional Office Pursuing Unfair Labor Practice Charges on Behalf of College Athletes against USC, Pac-12, and NCAA View More…

Witness statements

Johnnie’s on the Spot; Board Reaffirms Standards for Employer Interrogations of Employees in Preparation for NLRB ProceedingsBusy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation View More…

Workplace Investigations

Johnnie’s on the Spot; Board Reaffirms Standards for Employer Interrogations of Employees in Preparation for NLRB ProceedingsBusy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation View More…