By: Sul Ah Kim and Cary R. Burke
Earlier this week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to engaging in protected concerted activity could interpret the rule to have a “coercive meaning.” Stericycle, Inc.
By: Saman Haque and Cary Burke
Seyfarth Synopsis: Recently, an Administrative Law Judge (ALJ), issued a decision in two cases that create the opportunity for the National Labor Relations Act to have a more expansive view of what constitutes protected activity. The ALJ’s decision could also provide employees an expanded definition of protected activity by
Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove his “Fight For $15” button.
On March 21, NLRB Acting Chairman Miscimarra and Members Pearce and McFerran unanimously ruled
On Wednesday, November 12, 2014, NLRB General Counsel Richard Griffin, NLRB Board Member Harry Johnson, and EEOC Commissioner Chai Feldblum participated in a panel discussion that touched upon employers’ use of social media during the hiring process. Their remarks highlighted the need for employers to be cautious about looking at
By: Ronald J. Kramer, Esq.
It is black letter law that states can prohibit contracts from requiring bargaining unit members to pay money to unions, right? Maybe not, at least according to the Chief Judge of the Seventh Circuit. On September 2, 2014, the Seventh Circuit upheld Indiana’s Right to Work Act in a
By: Anne D. Harris. Esq.
We recently blogged here about a group of Northwestern University football players who filed a petition for union representation.
On February 12, 2014, the Board held a hearing on the football players’ petition. Represented by the College Athletes Players Association (“CAPA”), the football players and Northwestern counsel each provided
By: Ashley K. Laken, Esq.
On January 31, NLRB Administrative Law Judge Susan Flynn ruled that two provisions of a non-unionized hospital’s code of conduct unlawfully interfered with employees’ Section 7 rights. The ALJ also deemed unlawful a hospital official’s oral instruction to an employee to not discuss with others on staff the hospital’s
By Howard Wexler, Esq.
As recently reported on this blog here, here, and here, the NLRB has aggressively been trying to regulate the workplace implications of social media in both union and non-union workplaces alike. The NLRB’s recent decision in New York Party Shuttle, LLC, 359 NLRB No. 112 (May
By Marc R. Jacobs, Esq.
In Design Technology Group LLC d/b/a Bettie Page Clothing, 359 NLRB No. 96 (4/19/13), the National Labor Relations Board (NLRB) continued its aggressive efforts to regulate the workplace implications of social media in non-union workplaces. In this decision, the NLRB: (a) determined that several employees had engaged in
In a rare victory for employers, the NLRB’s Office of the General Counsel, Division of Advice (“Advice”) recently opined that Boeing Company’s Code of Conduct does not run afoul of the National Labor Relations Act. An Advice memorandum rejected a union’s charge that Boeing’s nearly decade-old Code of Conduct interferes with