By: Michele Haydel Gehrke, Esq.
On October 29, 2013, the Senate voted 55-44 to confirm Richard Griffin as General Counsel to the National Labor Relations Board. The Senate vote was mostly along party lines, with only Republican Lisa Murkowski (R- Alaska) voting with her Democratic colleagues for confirmation. Griffin replaces Acting General Counsel Lafe…
By: Anne D. Harris, Esq.
The U.S. Court of Appeals for the Second Circuit recently affirmed a district court’s grant of a temporary injunction brought by the NLRB under Section 10(j) of the National Labor Relations Act to prevent an operator of a group of long-term elder care facilities from engaging in alleged unfair…
By: Christopher Busey, Esq.
Who imagined that the hottest topic in labor law for over six months would actually be a question of constitutional law? Yet that remains the case after the Fourth Circuit’s recent 2-1 decision in NLRB v. Enterprise Leasing Co. Southeast, LLC, No. 12-1514, July 17, 2013.
In Noel Canning…
By: Brian M. Stolzenbach, Esq.
In yet another example of the NLRB’s attempt to find a bogeyman lurking in every corner, the NLRB’s Acting General Counsel recently alleged that the familiar American Red Cross brochure entitled “You Request Our Mission . . . Please Respect Our Trademark” violated the National Labor Relations Act. See…
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…
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,…
On May 30, 2012, NLRB Acting General Counsel Lafe Solomon issued an additional report discussing several corporate social media policies alleged to violate the NLRA. In Solomon’s third report on social media issues in the last year, he continued to take an aggressive look at employers’ social media policies, finding that…
On May 24, 2012, the NLRB Office of the General Counsel released an Operations-Management Memorandum that outlines the practices to be used by Regions for electronic distribution/posting or oral readings of the Notice to Employees in settlements of any unfair labor practice charge. See Memorandum OM 12-57.
Some of the key…
The National Labor Relations Board announced today that it has temporarily suspended the implementation of its final rule pertaining to new election procedures, i.e., the “Ambush Election” rule, effective immediately. Acting General Counsel Lafe Solomon similarly announced that he has temporarily suspended his guidance memorandum concerning the new election procedures. …
The General Counsel-side of the NLRB has been busy investigating and prosecuting unfair labor practice charges involving social media in 2011 and 2012. As evidenced in his two Operations Memoranda pertaining to social media cases, i.e., OM 12-31 (which can be viewed HERE) and OM 11-74 (which can be viewed HERE…
