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: Ashley S. Kircher, Esq.

Recently, an Administrative Law Judge of the NLRB ruled that an employer’s failure to respond immediately to a racial slur by one employee toward another employee who had voiced union support at a pre-election meeting was not enough to overturn the results of the election in the employer’s favor. 

By K. Phillip Tadlock.

On November 6, 2012, the D.C. Circuit summarily enforced a September 2011 NLRB Order finding that Daycon Products had violated the NLRA by prematurely declaring an impasse in negotiations with employees represented by the Drivers, Chauffeurs and Helpers Local Union 639, and then failing to reinstate those employees who participated

By Brian M. Stolzenbach.

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

By David L. Streck.

In G4S Regulated Security Solution 358 NLRB 160 (September 29, 2012), the NLRB recently raised the bar that employers must meet in order to establish that individuals are supervisors under Section 2(11) of the NLRA.  That case involved an employer guard service that provided security at a nuclear power