Seyfarth Synopsis: In another signal that the Board may overturn the Obama Board’s decision in Purple Communications allowing employees to use their employer’s email systems to communicate about wages, hours, working conditions and union issues, the Board recently published a letter reiterating its decision to reconsider Purple Communications and invited
The Board’s General Counsel Memorandum is a Comforting Return to a Common Sense Approach to Workplace Policies
By: Jason Silver and Kevin Fritz
Seyfarth Synopsis: On June 6, 2018, Peter. B. Robb, General Counsel for the National Labor Relations Board (“Board”), provided employers with the first substantive guidance regarding workplace policies since the Board’s Boeing decision. General Counsel Memorandum 18-04 is a victory for employers as the Board seems to be
The Board Initiates The Internal Process To Consider Rulemaking On The Joint-Employer Standard
Seyfarth Synopsis
: On Wednesday, May 9, 2018, the Office of Information and Regulatory Affairs announced that the NLRB is considering rulemaking to establish the standard for determining joint-employer status under the National Labor Relations Act.
NLRB Chairman, John F. Ring, announced on Wednesday, May 9, 2018, that the Board is
Not All Work Rules Fly Under Boeing
Seyfarth Synopsis: Administrative Law Judge finds confidentiality work rule unlawful under new standard set forth in The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”).
Employers had hoped that the Board’s recent decision would reel in decisions concerning employer work rules. And while it did, the recent decision in Lowe’s Home Centers
Second Circuit Denies NLRB’s Attempt to Issue Bargaining Order Against Novelis Corp.
Seyfarth Synopsis: On March 15, 2018, the Second Circuit Court of Appeals issued its decision in Novelis Corp., et al. v. NLRB, et al., upholding several unfair labor practices against Novelis Corp., but due to passage of time and changed circumstances, halting the National Labor Relations Board’s efforts to issue a
RESTORING “BALANCE” TO THE (WORK)FORCE: THE BOARD CLARIFIES ITS TESTS TO DETERMINE WHEN “PROTECTED ACTIVITY” BECOMES UNPROTECTED
By: Bryan R. Bienias
Seyfarth Synopsis: The Board affirms an employer’s decision to discharge an employee for engaging in dishonesty and a security breach. In the process, it clarifies the legal standards to be used when assessing whether non-verbal employee misconduct occurring in the midst of otherwise protected concerted activity loses the
A Bronx Lobster Tale: NLRB Vacates Election Results Based on Seven Minute Delay in Voting
By: Paul Galligan, Esq. and Samuel Sverdlov, Esq.
Last month, the National Labor Relations Board (“NLRB”) vacated election results from a representation election because the Board agent opened the polling for a voting session 7 minutes late. The employer lost the election by a vote of 14-12, with one challenged ballot. However, there were
NLRB Vacates Hy-Brand Decision and Restores (For Now) Its Broad Browning-Ferris Joint Employer Test
Yesterday, the National Labor Relations Board (NLRB or Board) issued an Order vacating the Board’s decision in Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co., 365 NLRB No. 156 (2017), in light of the determination by the Board’s Designated Agency Ethics Official that Member William Emanuel is, and should have been, disqualified from participating
General Counsel Dishes Up Advice on 43 Charges, Including Google’s Decision to Terminate an Employee for Harassment and a Union’s Shadow Facebook Page
By Timothy M. Hoppe and Jack Lambremont
Seyfarth Synopsis: In some early spring cleaning, last week the NLRB’s Office of General Counsel released 43 memos authored by its Division of Advice meant to provide guidance to regional offices on pending charges. Here are some of the highlights that employers should not miss.
Either the General
NLRB Still Seeking Input on Possible Rescission of “Quickie” Election Rule
By: Jaclyn W Hamlin
Seyfarth Synopsis: The business community has another opportunity to convince the NLRB to rescind the expedited election rules that have been wreaking havoc on workplaces since 2014, after the agency extended the public comment period to March 19, 2018.
In the fast-paced, ever-changing world of NLRB precedent and procedures, April of