Where up is down and left means right, talking to yourself may now qualify as “concerted” activity under the current NLRB. In Berkeley Preparatory School, Inc. and Kathi Grau, a teacher at a private, non-profit, religious school yelled to herself “THIS PLACE SUCKS!” after being asked by another employee to provide
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NLRB Affirms Ruling That Employer Maintained Unlawful “No Gossip Policy”
By Seyfarth Shaw LLP on
By: Howard M. Wexler, Esq. & Joshua D. Seidman, Esq.
As we previously blogged about – most recently here and here, the NLRB has taken aim at employer workplace rules that it contends are unlawfully restricting employees’ Section 7 rights.
On June 13, 2014 the NLRB affirmed an ALJ decision issued in…
Home-Care Providers Urge Supreme Court to Reevaluate Union Fair Share Fees for Public Employees
By Seyfarth Shaw LLP on
By: Ashley K. Laken, Esq.
On November 22, 2013, a group of home-care providers for Medicaid recipients in Illinois filed their brief in Harris v. Quinn (No. 11-681) in which they urged the U.S. Supreme Court to overturn its precedent allowing union fair share fees to be imposed on public employees.
The Supreme Court…
D.C. Circuit Upholds Board’s Order Requiring Company To Share Information On Customers And Pricing With Union
By Seyfarth Shaw LLP on
On December 4, 2012, in KLB Indust. Inc. v. NLRB, the D.C. Circuit Court of Appeals upheld a National Labor Relations Board ruling that an employer violated the National Labor Relations Act by failing to provide information to the union concerning the employer’s customers and pricing after telling the union…
The NLRB Makes It More Difficult for Employers To Protect Confidential Financial Information During Bargaining
By Seyfarth Shaw LLP on
Posted in Collective Bargaining
By: Kenneth R. Dolin
Over the last year, the Board has greatly expanded the scope of requested information that an employer must provide to a labor union upon the latter’s request during collective bargaining, especially when the requested information is financial in nature.
For example, in National Extrusion & Mfg. Co., 357 NLRB No.…
D.R. Horton Hears A “Who?” From A California Court of Appeals
By Seyfarth Shaw LLP on
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…
NLRB Acting General Counsel Issues Guidelines Which Restrict An Employer’s Ability To Litigate The Work Authorization Status Of Employees In Board Proceedings
By Seyfarth Shaw LLP on
Posted in Discrimination, Unfair Labor Practices
Recently, the NLRB Acting General Counsel’s Division of Operations Management issued a memorandum to the Board’s Regional offices (OM 12-55) on how to address an employer’s attempt to litigate the work authorization status of an employee potentially eligible for backpay resulting from an unfair labor practice.
The Supreme Court in Hoffman…
Another Gift to the Unions–A Made to Order Bargaining Unit of the Union’s Choosing
By Seyfarth Shaw LLP on
Posted in Bargaining Unit, Representation Cases
The bargaining unit is central to labor relations. After all, a union must bargain on behalf of someone, and exactly who that union organizes ─ which individual or multiple group(s) of employees, jobs, or departments; at which of an employer’s individual or multiple facilities; and even of which individual or…
NLRB Speeds Up Election Process
By Seyfarth Shaw LLP on
Posted in Representation Cases
With only days left in the term of National Labor Relations Board (“NLRB” or “Board”) Member Craig Becker, and just a few days before the Christmas holiday, the Board announced that it adopted final rules that will significantly expedite the processing of election petitions filed by unions.
The new rules will:
- Provide
…