By: Kenneth R. Dolin, Esq.
The National Labor Relations Board recently invited interested parties to file briefs in Babcock & Wilcox Construction Inc., Case 28-CA-022625, to determine whether the Board should continue, modify, or abandon the Olin/Spielberg standard for deferral to arbitration awards.
Under the existing standard, the Board defers to an…
By: Anne D. Harris, Esq.
Despite heavy criticism and the Court of Appeals for the Fifth Circuit’s recent invalidation of the National Labor Relations Board’s (“NLRB”) D.R. Horton decision, the NLRB has not revised its position on class action waivers in employment arbitration agreements. Perhaps not surprisingly, the Board has not only ignored the…
By: Michele Haydel Gehrke, Esq.
On November 8, 2013, Administrative Law Judge Bruce D. Rosenstein upheld a class action waiver in a mandatory employment arbitration agreement notwithstanding the NLRB’s controversial ruling in D.R. Horton banning such class action waivers because they purportedly chill employees’ rights to engage in concerted protected activity under Section 7…
By: Brian M. Stolzenbach, Esq.
The Decision
The U.S. Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin) has declared it illegal for employers to pay the full salary of certain union officials who spend all their time representing employees and not working for the employer. See Titan Tire v. USW…
By: Marc R. Jacobs, Esq.
The U.S. Court of Appeals for the Seventh Circuit recently upheld a joint arbitration committee’s (“JAC”) decision finding that a business’s “double-breasting” arrangement violated a collective bargaining agreement. The decision provides two important reminders — one procedural and the other substantive.
But let’s begin with a couple of the…
By: Howard M. Wexler, Esq.
As our loyal blog readers are most certainly aware, the National Labor Relations Board’s D.R. Horton decision has been heavily criticized by courts around the country. In fact, earlier this month the Second Circuit Court of Appeals in Sutherland v. Ernst & Young LLP [discussed here] overturned a…
By: Anne D. Harris, Esq.
In MasTec Services Co. Inc., Case. No. 16-CA-086102 (“MasTec”), an NLRB Administrative Law Judge (“ALJ”) added an additional twist to the already controversial NLRB decision D.R. Horton Inc., 357 N.L.R.B. No. 184 (Jan. 3, 2012). In D.R. Horton, the Board decided that a mandatory arbitration agreement…
In Sheet Metal Workers International Association Local 18, 359 NLRB No. 121, the NLRB held that an employer’s unfair labor practice charge against a union should have been deferred to the grievance-arbitration procedure of the parties’ collective bargaining agreement. The result will come as somewhat of a surprise to those who…
Decisions of the NLRB addressing unfair labor practice charges can be appealed to the U.S. Court of Appeals. These days, with the NLRB being so heavily tilted against employers and seemingly making unprecedented and drastic changes in the law every day, some employers may be tempted to think, “Yes, but…
The Board’s D.R. Horton decision, though controversial, should surprise no one who has watched this agency try time and time again to assert its relevancy. From “notice of rights” posters to “ambush election” rules, the Board has called attention to itself by flexing its administrative muscle, only…
