By: Michael Rybicki, Esq.
A Board Majority has used Pressroom Cleaners, 361 NLRB No. 57 (September 30, 2014) to overrule Planned Building Services, 347 NLRB 670 (2006), a decision that had responded to the criticism of various Courts with respect to the remedies imposed by the Board in successorship cases. Members Miscimarra…
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…
The Board, in a 2-1 decision, overruled 50 years of precedent establishing in virtually all cases the supervisory status of tugboat pilots and mates, when it found tugboat mates were not statutory supervisors. In a case that started with a representation petition filed in 1999, the Board in Brusco Tug and…
Today, in Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (2012), the NLRB released its first decision to examine protected, concerted activity involving Facebook. Given the ubiquity of this social networking site, the Board’s decision should generate a great deal of interest. By a 3-1 vote, the Board held…
‘Tis the season for cards and gifts, and apparently, the National Labor Relations Board (“NLRB” or “Board”) is filled with the holiday spirit. In a decision issued last week but only released today, the NLRB gave labor unions a gift that will keep on giving when it overturned a fifty-year-old precedent…
Here’s a new one: A union sends a written request for irrelevant information to an employer, and the employer blows off the union’s request and undoubtedly sends the request to the “circular file,” or trash can. The union files an unfair labor practice charge for the employer’s failure to respond…
By Kenneth R. Dolin.
In a decision that Board Member Hayes found “startling” and “troubling,” the Board required an employer to continue providing wage increases post-contract expiration. Specifically, the Board in Finley Hospital, 359 NLRB No. 9 (September 24, 2012), recently found that an employer had a statutory duty to maintain the…
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…
By Arthur Telegen.
We all know that an employer can lock out its employees to force a union to accept its economic demands, provided it has bargained in good faith, the contract has expired, and the requisite notices have been given under Section 8(d) of the NLRA. This is just the other side of…
