By: Ronald J. Kramer
While Alan Ritchey Inc., 359 NLRB No. 40 (2012), became “non-binding” as a result of the Noel Canning decision, its holding is alive and well with the Board and the General Counsel’s Office. In a recently released Advice Memorandum, the General Counsel’s Office took the position that “Alan Ritchey…
By: Candice Zee
As employers have been watching the Board issue decision after decision holding common-place employment policies unlawful, consider expanding its jurisdiction to include religious schools, graduate students, student athletes, and try to recreate the “joint employer doctrine,” these employers repeatedly have found themselves wondering: “What are these guys smoking?” We may never…
By: Kamran Mirrafati, Esq.
Just in time for football season and tailgate parties, the NLRB Division of Advice recently issued a Memorandum effectively limiting parking lot demonstrations outside an employer’s facility. [See Wal-Mart Stores, Inc., NLRB Div. of Advice, No. 13-CA-99526, August 14, 2013 (released August 23, 2013).] Here, the employer’s actions were…
By: James C. Goodfellow, Esq.
In an Advice Memorandum written in 2012 and recently released pursuant to a FOIA request, the NLRB Associate General Counsel, Division of Advice, addressed the legality of a social media policy that prohibited employees from, among other things, “us[ing] any Company logo, trademark, or graphics, which are proprietary to…
By: Gary Glaser, Esq.
In Tasker Healthcare Group dba Skinsmart Dermatology, NLRB Div. of Advice, Case No. 04-CA–094222 (issued 5/8/13, released 5/17/13), the NLRB’s Division of Advice concluded that an employer did not commit an unfair labor practice when it fired an employee for profanity-filled comments she made about the Company in a…
In a rare victory for employers, the NLRB’s Office of the General Counsel, Division of Advice (“Advice”) recently opined that Boeing Company’s Code of Conduct does not run afoul of the National Labor Relations Act. An Advice memorandum rejected a union’s charge that Boeing’s nearly decade-old Code of Conduct interferes with…
In a blog post on June 27, 2012, we noted a recent ALJ decision in American Red Cross Arizona Blood Services Division, Case No. 28-CA-23443 (February 1, 2012), finding that an “at-will” policy in an employee handbook violated the Act because it would theoretically make employees think they…
