By: Bryan Bienias, Esq.
Seyfarth Synopsis: The D.C. Circuit Court of Appeals applied a broad definition of who constitutes a statutory “guard” under the NLRA, finding that security technicians at two Las Vegas casinos were guards who could not be represented by a non-guard union.
Hotels and other employers may now have an extra…
By: Bryan Bienias, Esq.
Seyfarth Synopsis: The Court of Appeals for the D.C. Circuit affirmed in part and rejected in part the National Labor Relations Board’s Banner Estrella decision regarding an employer’s requirement of confidentiality during workplace investigations. In doing so, the Court did not address, and essentially left intact, both the Board’s prohibition of…
By: Ashley Laken
Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s Mortgage Banker Employment Agreement unreasonably burdened employees’ rights under Section 7 of the NLRA.
Back in 2013, an NLRB…
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…
By: Marshall B. Babson, Esq.
In perhaps the most important constitutional case involving the NLRB since the constitutionality of the National Labor Relations Act (“NLRA” or “Act”) was decided 76 years ago in Jones & Laughlin v. NLRB, the Supreme Court this morning heard argument in NLRB v. Noel Canning. On its…
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By Christian J. Rowley, Esq.
On May 7, 2013, in yet another significant legal setback for the National Labor Relations Board (“Board”), a unanimous panel of the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) invalidated the Board’s 2011 rule (“Rule”) mandating that all employers subject to the National…
The U.S. Circuit Court of Appeals for the District of Columbia recently enforced a Board order finding that an employer may not withdraw recognition based on anti-union employee petitions that it unlawfully assisted, even absent specific proof of the misconduct’s effect on employee choice. SFO Good-Nite Inn, LLC v. NLRB,…
By: Ronald J. Kramer
On Tuesday, April 17, 2012, the United States Court of Appeals for the District of Columbia Circuit stayed the implementation of the National Labor Relations Board’s rule requiring employers to post notices in the workplace regarding employees’ rights to unionize. The stay will remain in effect until the D.C. Circuit Court…
