By Arthur Telegen.

Well I know there has not been an election yet.  But talking about a Romney Board is a little boring.  Just read Brian Hayes’ dissenting opinions.  That’s what the Romney Board will do, when Romney gets around to having a Republican Board, which will not happen for a long time even

By Brian M. Stolzenbach.

Decisions of the NLRB addressing unfair labor practice charges can be appealed to the U.S. Court of Appeals.  These days, with the NLRB being so heavily tilted against employers and seemingly making unprecedented and drastic changes in the law every day, some employers may be tempted to think, “Yes, but

By Jeffrey A. Berman

Employer rules prohibiting off-duty employees from returning to the worksite are generally lawful provided they meet the three-part test established in Tri-County Medical Center, 222 NLRB 1089 (1976).  Under this test, a rule prohibiting off-duty employee access to a facility is valid if it limits access solely to the

By Bradford L. Livingston

While the NLRA governs labor relations for most private sector employers, it specifically excludes employers covered under the Railway Labor Act (“RLA”) ─ the earlier federal statute enacted to avoid interruptions to interstate commerce and transportation via rail or air.  And just as the NLRB handles disputes under the NLRA, the

By Kristin E. Michaels

As union organizing is increasingly a top priority in big labor’s agenda, they are pushing to include in collective bargaining agreements provisions that make it easier for labor to organize newly opened businesses, affiliates, joint ventures and even suppliers.  The language of such contractual provisions are often drafted in such a

By Nicholas R. Clements

Earlier today, the United States District Court for the District of Columbia ruled that the so-called “Ambush Election” rule promulgated by the National Labor Relations Board (“NLRB”) is invalid.   (For reference, see our prior blog post on the “Ambush Election” rule here for additional detail on the rule.)

The Chamber of