By Joshua M. Henderson. Not to put it too indelicately, but has the NLRB made a fetish of the Section 7 right to engage in “concerted activities . . . for mutual aid or protection” — in the sense of rendering it excessive attention, even reverence? One can easily conclude from its recent decisions that… Continue Reading
Monthly Archives: August 2012
Death Of The Lockout
Posted in Collective Bargaining, NLRB, Unfair Labor PracticesBy Arthur Telegen. We all know that an employer can lock out its employees to force a union to accept its economic demands, provided it has bargained in good faith, the contract has expired, and the requisite notices have been given under Section 8(d) of the NLRA. This is just the other side of the… Continue Reading
Project Labor Agreements: Excusable Ignorance Wins The Day — But It Might Not Always Work For You
Posted in Collective BargainingBy Ronald J. Kramer. Yes Virginia, sometimes ignorance is excusable, but never expect you will get away with it. In Jayeff Construction Corp. v. LIUNA, Case No. 05-cv-5027 (D.N.J. July 27, 2012), however, a construction employer did exactly that by getting a court to void two “short form” contracts obligating it to recognize the Laborers… Continue Reading
NLRB’s Attempt To Restore “Ambush Election” Rule Fails
Posted in NLRB, Organizing, Representation CasesBy David L. Streck. The NLRB recently filed a Rule 59(e) motion to alter or amend the United States District Court for the District of Columbia’s May 14th judgment that the NLRB’s so called “Ambush Election” rule was invalid because, at the time the NLRB voted on the rule, it was not adopted by the statutorily required… Continue Reading
Should My Company Adopt A “Model” Social Media Policy Or Stick With Our Own?
Posted in Current Events, Protected Concerted ActivityBy Marshall B. Babson. As we’ve blogged about in an earlier post, Acting General Counsel Lafe Solomon has issued the third in a series of “Reports” regarding social media policies, in which he addressed overly broad restrictions regarding confidentiality, standards of decorum on a website, fraternization with fellow employees, the airing grievances online, “non-public” information, “disparaging or… Continue Reading
Board To Employers: Open Up Your Books
Posted in Collective Bargaining, NLRB, Unfair Labor PracticesBy Nicholas R. Clements. In Dover Hospitality Services, Inc., 358 NLRB No. 84 (July 12, 2012), the NLRB upheld a decision by ALJ Steven Fish that serves as a reminder to employers that they need to be careful about what they say at the bargaining table when it comes to the cost of unions’ proposals. Dover and UFCW Local 1102 were negotiating for a successor… Continue Reading
Buyer Beware: A Purchaser Of Business Assets May Be Liable For The Seller’s Unfair Labor Practices
Posted in UncategorizedBy Joshua L. Ditelberg. If you are considering buying the assets of a business, beware! You should recognize that you could be held jointly and severally liable with the seller for any of the seller’s unfair labor practices. In Big Sky Hospitalities, LLC, 358 NLRB No. 83 (July 16, 2012), the NLRB recently reaffirmed potential successor… Continue Reading
Subscribe to this blog via RSS