By:  Kenneth R. Dolin

In continuing to apply strict scrutiny to workplace communications, the Board in a 2-1 panel decision recently held that an employer acted unlawfully by posting a memorandum shortly after a union election, urging employees to treat each other with “dignity and respect” and reiterating its workplace violence policy, even though the

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:  David L. Streck, Esq.

The scope of a bargaining unit is often a significant factor impacting unions’ success or failure in organizing campaigns.  The U.S. Court of Appeals for the Sixth Circuit gave unions a win last week when it upheld the Board’s controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile (“Specialty

By:  Bradford L. Livingston, Esq.

As I’ve commented on before in this blog, the hurdles unions face in organizing employees are demonstrated by decades of steadily-declining private sector unionization rates.  Traditional union organizing campaigns – where organizers try to convince employees to sign enough authorization cards to obtain an National Labor Relations Board (NLRB)

By Kenneth R. Dolin

The Obama Board recently signaled that it would reexamine the doctrine set forth Tri-Cast, Inc., 274 NLRB 377 (1985). See Dish Network Corp., 359 NLRB No. 32 (Dec. 13, 2012). In Tri-Cast, the employer, on the day of the election, distributed a letter to employees that provided:


By Jack Toner

As we advised in an earlier posting on May 14, the United States District Court for the District of Columbia ruled that the NLRB’s so called “Ambush Election” rule was invalid because it was not adopted by a proper quorum of the NLRB Members –a quorum requires three Members.  At the time

By:  Kenneth R. Dolin

The Employee Free Choice Act is dead and the “streamlined” election and posting rules that the NLRB attempted to enact are in limbo, but the current Board has “swung the legal pendulum” toward labor unions in the following areas:

  • Granting more deference to union’s petitioned-for units as “an” appropriate unit, especially

By:  Jack Toner,  Esq.

On December 21, 2011 the National Labor Relations Board (“NLRB” or “Board”) adopted rule changes that would expedite the processing of petitions for election filed by union with the NLRB.  These rules, the so called “quickie election” rules would also significantly limit an employer’s ability to legally challenge  a union petition.

By:  Bradford L. Livingston

The bargaining unit is central to labor relations.  After all, a union must bargain on behalf of someone, and exactly who that union organizes ─ which individual or multiple group(s) of employees, jobs, or departments; at which of an employer’s individual or multiple facilities; and even of which individual or