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Category Archives: Labor Relations

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Labor Law Update: Will Employers be Thankful for the NLRB’s new General Counsel?

Posted in General Labor and Employment News and Updates, Labor Relations, NLRB
The National Labor Relations Board (NLRB) enforces and interprets the National Labor Relations Act (NLRA), which ensures the rights of employees to engage in collective bargaining and other union-related activities.  During the Obama administration, NLRB General Counsel Richard F. Griffin, Jr. aggressively advocated for labor-friendly positions, and the Democratic-majority Board often agreed.  But this Thanksgiving… Continue Reading

Restoring the Power of Persuasion – The DOL Takes Another Step Toward Ending the Persuader Rule

Posted in Labor Relations, NLRB
The Department of Labor (“DOL” or “Department”) has continued its efforts towards eliminating the “Persuader Rule,” a controversial Obama-era regulation which requires employers to report arrangements made with third parties for the purpose of influencing employees in matters of collective bargaining, union organizing, and other union-related activity. The Persuader Rule broadened the Labor-Management Reporting and… Continue Reading

Every Manager and Their Mother: Second Circuit Shields Social Media Insults against Supervisor and His Entire Family

Posted in Labor Relations, NLRB, Workplace Policies
On Friday, April 21, 2017 a Second Circuit Court of Appeals panel affirmed a National Labor Relations Board ruling that a catering company server was wrongfully terminated for making an obscene and vicious Facebook post that verbally attacked a supervisor and his family, because it included a pro-union message (and was therefore protected activity under… Continue Reading

Department of Labor Refuses to Let the Clock Run Out on the Persuader Rule…How about Overtime?

Posted in Labor Relations, NLRB
On January 12, 2017, the Department of Labor filed a notice of appeal of District Judge Sam R. Cummings’ November order that blocked the Department of Labor’s controversial “persuader rule.” The rule, discussed by HRLegalist when it was announced in March 2016, required employers to disclose their agreements with outside consultants hired to discourage employees… Continue Reading

The Great Debate: Policing Politics in the Office

Posted in Labor Relations, Workplace Policies
With the Republican National Convention well underway and the Democratic National Convention set to begin in Philadelphia on July 25, 2016, the workplace is abuzz with political discussions, a flood of political memes and impassioned debates about this year’s election cycle. As the presidential election heats up—employers have found themselves trying to manage and minimize… Continue Reading

Don’t Mess With Texas: Lubbock District Court Judge Issues Preliminary Injunction Blocking DOL’s Changes to the “Persuader” Rule

Posted in Labor Relations
Employers and trade associations breathed a collective sigh of relief today after Lubbock District Court Judge Sam R. Cummings entered a nationwide injunction preventing the DOL from enforcing its changes to the “persuader” rule. As previously reported by HR Legalist, the Department of Labor recently published a controversial final rule requiring employers and their attorneys… Continue Reading

NLRB’s General Counsel Makes Dramatic Move to Protect Unions from Being Ousted, Even by Employees

Posted in Labor Relations, NLRB
By Memorandum GC 16-03, issued on May 9, 2016, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Richard Griffin, instructed the NLRB’s Regional Directors to issue a complaint in any unfair labor practice charge case where an employer has withdrawn recognition from a union and the withdrawal is based on anything other… Continue Reading

Game Over, Man! Bankruptcies Trump Ongoing Obligations under Expired CBAs

Posted in Gambling, Labor Relations, New Jersey Law
Yesterday, the Supreme Court denied the cert. petition of Unite Here Local 54, Atlantic City’s largest casino workers’ union, which challenged a Third Circuit decision affirming a Delaware Bankruptcy Court decision that allowed Trump Entertainment Resorts to reject the continuing terms and conditions of the parties’ expired collective bargaining agreement because it is undergoing Chapter… Continue Reading

DOL Publishes Final Rule Requiring Employers to Disclose Persuader Agreements

Posted in Labor Relations
For many years, employers have been able to lawfully avoid certain reporting requirements under the Labor Management and Reporting Disclosure Act which compels the disclosure of agreements with outside consultants/“persuaders” – i.e. individuals retained for the express purpose of attempting to convince employees not to organize a union. This “advice exemption,” eliminates the employer’s reporting… Continue Reading

Should Auld Acquaintance be Forgot: Remembering Labor Relations and Employment Law for the New Year

Posted in Labor Relations
Overview With 2016 nearly upon us, many of us are now looking to the New Year with renewed hope and great expectations. In fact, nearly 50% of Americans “usually” make New Year’s resolutions.  Yet, over half of us will abandon these goals by the following June and fewer than 10% will ultimately succeed.… Continue Reading

New Jersey Supreme Court’s New Year’s Docket to Include a Matter that Could Affect Whistleblower Claims

Posted in Labor Relations, New Jersey Law, NLRB
On January 5, 2016, the New Jersey Supreme Court is scheduled to hear oral argument in a matter suggesting that section 301(a) of the Labor Management Relations Act of 1947 (“LMRA”) (which creates a federal cause of action for the breach of a private sector collective bargaining agreement) and the National Labor Relations Act (“NLRA”)… Continue Reading

Student-Athletes Strike Back: Will the University of Missouri’s Football Team Strike Reinvigorate the Labor Movement in College Sports?

Posted in Labor Relations, NLRB
On Saturday, November 7, 2015, several African American members of The University of Missouri’s varsity football team announced their intention to go on strike—refusing to attend practices, play in scheduled games or participate in football-related activities until the school’s President, Tim Wolfe, resigned or was removed from office. The strike was prompted by several controversial… Continue Reading

Browning-Ferris: The NLRB Redefines Joint-Employer Status

Posted in Labor Relations
On August 27, 2015, the National Labor Relations Board (“NLRB”) diverged from three decades of precedent by broadening the reach of its joint-employer test in a decision involving Browning-Ferris Industries (“BFI”), a waste management company, and Leadpoint Business Services (“Leadpoint”), a temporary worker or subcontractor (“temp”) agency. See Browning-Ferris Industries of California, Inc., 362 NLRB… Continue Reading

The NLRB “Steals” Christmas with New “Ambush” Election Rules

Posted in Ambush Elections, Labor Relations, NLRB
Feeling the holiday spirit, the National Labor Relations Board (NLRB) (i.e., management’s “Grinch”) has stolen any chance for employers to enjoy the holidays, while bestowing another significant Christmas gift on Big Labor—new union representation election rules (or as many are calling them, the Ambush Election Rules). Adding another tool to Big Labor’s organizing arsenal, the NLRB’s… Continue Reading

NLRB Hands Unions An Early Christmas Gift – Employees Given Right To Use Company E-Mails To Organize

Posted in Labor Relations
Today, in an anxiously awaited decision, the National Labor Relations Board gave unions an early Christmas present by overturning a previous ruling and providing employees the right to use their employer’s email system to actively communicate about union organizing.  In Purple Communications, Inc., 361 NLRB No. 126 (2014), a divided Board held that, absent justification… Continue Reading

NLRB Rules Bergdorf Shoe Sellers Are Mismatched for Micro-Bargaining Unit

Posted in Labor Relations
In a long-awaited decision, the National Labor Relations Board (NLRB) unanimously held that women’s shoe sales associates from two different departments within Bergdorf Goodman’s New York store could not be combined into a single micro-bargaining unit. Specifically, in Neiman Marcus Group, Inc. d/b/a Bergdorf Goodman, 361 N.L.R.B. No. 11 (July 28, 2014), the NLRB dismissed… Continue Reading

Game Changer: NLRB Rules College Football Players Can Unionize

Posted in Labor Relations
In a stunning decision released March 26, 2014, the Regional Director of the Chicago Region of the National Labor Relations Board (NLRB), Peter Sung Ohr, ruled that Northwestern University scholarship football players are entitled to have a union election because they are “employees” of the school under Section 2(3) of the National Labor Relations Act (NLRA).… Continue Reading

Here We Go Again: The NLRB Resurrects “Quickie Election” Rule

Posted in Labor Relations
On February 4, 2014, the National Labor Relations Board (“NLRB”) announced that it was issuing proposed amendments to the rules governing union representation elections. The proposed amendments are identical to the changes that were proposed by the Board back in June 2011. As proposed, the amendments contain several alarming and troubling changes to the current… Continue Reading

Rumor Has It: Employers Need To Be Wary of “No Gossip” Policies

Posted in Labor Relations, Workplace Policies
Although most employers would agree that gossip in the workplace is detrimental to employee morale and productivity, banning it could be a risky proposition. In a recent decision, Laurus Technical Institute, NLRB ALJ, No. 10-CA-093934 (Dec. 11, 2013), a National Labor Relations Board (“NLRB”) Administrative Law Judge ruled that a non-union employer’s “no gossip” policy… Continue Reading