Seyfarth Synopsis: NLRB General Counsel releases an Advice Memorandum finding that the misclassification of independent contractors amounts to a standalone violation of Section 8(a)(1) of the NLRA.
On August 26, 2016, Richard Griffin, the General Counsel of the National Labor Relations Board (“NLRB”), released an Advice Memorandum outlining his legal…
By: Bryan R. Bienias
On Monday of this week, the National Labor Relations Board (NLRB or Board) abandoned over 30 years of precedent and significantly modified the standards for the deferral of certain unfair labor practice charges to contractual arbitration procedures. This change likely will call into question the finality of arbitration awards in future…
By: Howard M. Wexler
As we have previously reported–most recently here and here– the National Labor Relations Board has taken aim at employer workplace rules that it contends are unlawfully restricting employees’ Section 7 rights.
In yet another example, an NLRB Administrative Law Judge (ALJ) recently held in Mercedes-Benz U.S. International, Inc. that an…
By: Kenneth R. Dolin, Esq.
The National Labor Relations Board recently invited interested parties to file briefs in Babcock & Wilcox Construction Inc., Case 28-CA-022625, to determine whether the Board should continue, modify, or abandon the Olin/Spielberg standard for deferral to arbitration awards.
Under the existing standard, the Board defers to an…
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…
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…
