Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo setting forth a wide range of issues that must be submitted to Advice before Complaints will be authorized. Generally these issues involve areas of the law where the “Obama Board” issued decisions departing from
Unfair Labor Practices
GC Memo 18-02 May Signal a Shift Away From Finding Disparate Treatment of Employees During Contract Negotiations to be Unlawful Where Only General Antiunion Animus is Found
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during the…
No Winter Blues Here: GC Memorandum 18-02 Brings Handbook Cheer to Employers
By: Kaitlyn F. Whiteside, Esq.
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration. Our blog is exploring a different aspect of the memo each day during…
Year-End News From The NLRB’s General Counsel
By: Brian Stolzenbach, Esq.
Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel. It previews many anticipated developments during the Trump Administration, which our blog will be exploring over the next three weeks.
In keeping…
To Search A Supervisor’s Phone Or To Not Search A Supervisor’s Phone? That Is The Question
By: Andrew R. Cockroft, Esq.
Seyfarth Synopsis: On June 7, 2017, the Board held that in order to comply with the Board’s Election Rules, an employer may need to search the phones of supervisors to identify the phone numbers of eligible voters, even if said supervisors have not been deemed “supervisors” within the meaning of…
Between a Rock and a Hard Place: NLRB Finds Employer Violated NLRA in Implementing ACA
By: Glenn Smith, Esq. & Kaitlyn F. Whiteside, Esq.
Seyfarth Synopsis: In a unanimous decision, a three-member panel of the NLRB found that a cab company violated the NLRA by changing the length of the waiting period for employee health insurance from one year to sixty days.
On May 16, 2017, Chairman Miscimarra, Member…
DC Circuit “Busts” NLRB’s Finding of Weingarten Violation by Las Vegas Casino
Seyfarth Synopsis: A three-member panel of the U.S. Court of Appeals for the D.C. Circuit put the National Labor Relations Board “on tilt” when it overturned a decision finding that Bellagio, LLC violated Section 8(a)(1) of the NLRA when it interfered with an employee’s Weingarten right to have a union…
Second Circuit Holds NLRB Did Not Err in its Finding that Facebook Posting that Supervisor is a “Nasty Mother F***er” and “F*** His Mother” was Protected Concerted Activity
Seyfarth Synopsis: The Second Circuit agrees with the Board that the use of profanity in a Facebook post was not “opprobrious enough” to lose the NLRA’s protections and justify the employer’s termination of the employee.
A server whose “conduct [sat] at the outer bounds of protected, union-related comments” when he…
NLRB Restrictions on Employer Requests of Confidentiality in Workplace Investigations Remain After D.C. Circuit Decision
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…
Court Upholds ULP Finding Against Employer Despite Union “Gamesmanship”
Seyfarth Synopsis: A recent federal appeals court decision makes it even more difficult for an employer to withdraw recognition from a union that has lost majority support. Employers need to be aware of the possibility of union “gamesmanship” when deciding how to proceed.
An employer that withdraws recognition from…