Seyfarth Synopsis: The NLRB’s General Counsel seeks to impede an employer’s ability to extract a union that lacks the support of a majority of bargaining unit members by requiring in all cases a decertification election prior to withdrawal of recognition absent union agreement.
NLRB General Counsel Richard Griffin wants the…
By: Karla E. Sanchez, Esq.
On January 29, 2016, the NLRB in Guardsmark, LLC, 363 NLRB No. 103 (decision), changed over 50 years of precedent under the guise of “clarifying” a well-established rule concerning when the captive-audience speech prohibition begins in mail-ballot elections. In 1959, the Board in Oregon Washington Telephone …
By: Ronald J. Kramer
While all eyes were on the landmark Browning-Ferris decision issued Thursday, the Board issued yet another split decision that also may have far reaching consequences. In GVS Properties, LLC, 362 NLRB No. 194 (Aug. 27, 2015) (here), a case of first impression, the Board in a 2-1 decision…
By: Richard L. Alfred, Marshall B. Babson, Joshua L. Ditelberg, Bradford L. Livingston, Stuart Newman, and Karla E. Sanchez
In a ruling that will affect most business relationships and extends far beyond either labor law or the concept of employment generally, the National Labor Relations Board issued a much awaited…
Depending on your point of view, it’s the same old (and new) song. Whether the famous 19th Century line by French writer Jean-Baptiste Alphonse Karr, the lyrics from the 2010 Bon Jovi song, or decisions of the current National Labor Relations Board (“NLRB” or “Board”), it’s apparently true that the more…
By: Ronald J. Kramer, Esq.
Last year the NLRB demonstrated an increased willingness to award negotiation costs as a remedy for bad faith bargaining in cases that are far less egregious than those where the remedy historically was given. Hospital of Barstow, Inc., 361 NLRB No. 34 (2014); Fallbrook Hospital, 360 NLRB…
By: Howard M. Wexler, Esq.
Hoping that the third time is the charm, the National Labor Relations Board (“Board” or “NLRB”) has once again adopted its expedited election rules (aka “Ambush Election Rules”). We previously discussed the current version of the Ambush Election Rules here. The Ambush Election Rules have been proposed twice…
By: Ronald J. Kramer, Esq.
While everyone knew it was only going to be a matter of time, two new challenges to have been raised to the NLRB’s graduate assistant decision in Brown University, 342 NLRB 483 (2004). On February 20, 2015, Graduate Workers of Columbia-GWC and Student Employees at The New School,…
By: Ronald J. Kramer, Esq.
On December 19, 2014, the NLRB General Counsel’s Office issued thirteen consolidated complaints against the purported unfair labor practices of numerous McDonald’s franchisees nationwide, with franchisor McDonald’s USA LLC being named as a co-defendant on a joint employer theory. According to the NLRB’s press release, click here, the…
By: Jeffrey A. Berman, Esq.
On December 19, 2014, the Board released Pacific Lutheran University, 361 NLRB No. 157 (2014) (Pacific Lutheran Board Decision), a decision that will have significant impact on two key issues: (i) when the Board can assert jurisdiction over religious schools; and (ii) the analysis to be applied…
