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: Kenneth R. Dolin, Esq.
The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional. The Court reasoned that the brief Senate break in January…
By: Howard M. Wexler, Esq. & Joshua D. Seidman, Esq.
As we previously blogged about – most recently here and here, the NLRB has taken aim at employer workplace rules that it contends are unlawfully restricting employees’ Section 7 rights.
On June 13, 2014 the NLRB affirmed an ALJ decision issued in…
On April 14, the NLRB found that a California hospital had repeatedly failed to bargain in good faith with a union representing its registered nurses and that an order requiring the hospital to reimburse the union for six months of negotiating expenses was warranted. Fallbrook Hospital Corp., 360 NLRB…
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: Kristen Verrastro, Esq.
The Supreme Court of the United States today dismissed as improvidently granted its original grant of certiorari in UNITE HERE Local 355 v. Mulhall (“Mulhall”).[1] As previously discussed on this blog by both Jeremy P. Sherman, Esq. and Bradford L. Livingston, Esq., the Supreme Court’s decision…
By: Ashley Kircher Laken, Esq.
On October 22, an NLRB administrative law judge found that an employer violated the National Labor Relations Act when it refused to bargain with a union that had been certified by the Board unless the union agreed that any deal would be voided if the U.S. Supreme Court upholds…
By: Michele Haydel Gehrke, Esq.
On August 29, 2013, well-respected NLRB Administrative Law Judge William Kocol issued a decision (here) blasting the NLRB and its General Counsel for lacking “intellectual integrity” in how they refused to properly defer and later dismiss a case under Collyer Insulated Wire, 192 NLRB 837 (1971). See…
By: Amanda A. Sonneborn, Esq.
The NLRB recently requested that the Fourth Circuit Court of Appeals reconsider its decision holding that the NLRB could not require employers to post a notice regarding employees’ rights under the National Labor Relations Act. The Fourth Circuit previously found that the NLRB lacked the authority to issue the…
By: Michele Haydel Gehrke, Esq.
On July 26, 2013, NLRB Administrative Law Judge Jeffrey D. Wedekind ruled that The Boeing Co.’s policy of routinely asking employees to refrain from discussing any investigation with other employees was unlawful. This decision is in line with the Board’s earlier decisions, including Banner Estrella Medical Center, 358…
