Weeks after inviting public briefing on a potential change in the standard for determining the appropriateness of proposed bargaining units (discussed here), the National Labor Relations Board (NLRB) has again invited briefing in a pending case involving the standard
The Bargaining Table
Legal Perspectives on Managing Unionized Workforces
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The First Domino to Fall? NLRB Solicits Public Input on Test for Determining Appropriate Bargaining Units
In a somewhat ominous sign of things to come, the National Labor Relations Board (NLRB or the Board) has invited briefing on whether to change the test for determining whether a union has proposed an appropriate employee voting group (i.e.,…
Money, Money, Money Is Not Always Funny or Sunny – Just Take a Look at the NLRB’s Substantial Increases in Monetary Remedies and Job Reinstatements
On Nov. 5, 2021, the iconic Swedish band ABBA released its first album of new material in 40 years, and, amazingly, it is their highest-charting album ever on the Billboard 200. (If for some reason you are not familiar with…
Spoiler Alert: The NLRB Is Poised to Dramatically Rework Its Joint Employer Standard
When I was a kid, it was a thrill (and, yes, it still is today) to watch all the movie trailers before the main feature. Unfortunately, some of those trailers actually spoiled the movie they were previewing (thinking of you,…
What Are We Supposed To Do Now? Recommended Next Steps for Unionized Employers Regarding OSHA’s COVID-19 Vaccination/Testing Rule
On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) released its emergency temporary standard (ETS) on COVID-19 vaccinations. In summary, the ETS provides that employers with at least 100 employees must either mandate COVID-19 vaccinations of their workforces or…
Through the Looking Glass, Part 2: What Does ‘Protected Concerted Activity’ Look Like?
As explained in a prior post, the National Labor Relations Act (NLRA) gives employees the right to engage in “protected concerted activity” when such activity is intended to improve their wages, benefits and working conditions. We also discussed NLRB…
The Continuing Adventures of the Congressional Reconciliation Package: NLRA Civil Penalties Trimmed in Latest Version of Legislation
For a bit of a pleasant change, there’s some positive labor relations news for employers on the legislative front. But it’s not exactly rainbows and unicorns.
As we explained previously, Democrats in the U.S. House of Representatives included provisions…
Hands Off My Tech: Employers May Not Restrict Employee Communications Transmitted via Third-Party Smartphone Applications
The National Labor Relations Board’s (NLRB) Division of Advice (Advice), which provides guidance to the NRLB’s regional offices regarding difficult and novel issues, recently released an internal memo concerning employee online communications that should be cause for concern among employers.…
Through The Looking Glass: The NLRB Seeks To Expand The Concept Of ‘Protected Concerted Activity’ Beyond Its Imaginable Limits
Since the passage of the National Labor Relations Act (NLRA) in 1936, employees have possessed a right to engage in “protected concerted activity,” meaning they have the right to discuss workplace concerns and take action for mutual aid or protection.…
NLRB Given a ‘Mulligan’ in Offensive Speech Case
The Trump National Labor Relations Board’s (NLRB or Board) new standard for cases where an employee is disciplined for using offensive speech in the course of engaging in protected labor activity may have a very short lifespan. The standard was…