As many employers know, confidentiality can be essential to performing workplace investigations. Last month, in Apogee Retail, LLC, a 3-1 decision, the NLRB agreed. Applying the test for facially neutral rules established in The Boeing Company, 365 N.L.R.B. No. 154
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NLRB Returns to Former Stance on Employers’ Obligations to Continues Dues Checkoff after CBAs Expire
On Monday, the NLRB reinstated its long-standing position that the NLRA does not require employers to continue dues checkoff after the expiration of a collective bargaining agreement. The case, entitled Valley Hospital Medical Center, 368 N.L.R.B. No. 139 (“Valley Hospital”),
The NLRB Puts an End to “Quickie” Election Procedures
On December 13, the NLRB announced significant changes to its election representation procedures. The final rule will be published tomorrow, and become effective on April 16, 2020. The net effect of the rule is to substantially alter the so-called “quickie&rdquo
Part 3: Will the Federal Government Take Over the UAW?
Amid the ever growing UAW corruption scandal, UAW President Gary Jones has taken a paid leave of absence, after the U.S. Justice Department accused him of embezzling over $700,000 in membership dues, among other charges. UAW Vice President Rory Gamble
NLRB Proposed Rule States Graduate Students Are Not Employees
Last week, by a 3-1 vote, the NLRB approved a proposed rule that would classify graduate students, who conduct paid teaching and research, as students rather than “employees” under federal labor law. This rule would divest graduate students of their
In Stark Reversal of Precedent, NLRB Finally Adopts “Contract Coverage” Standard for Employer Unilateral Changes
Yesterday, in a stark reversal of its precedent, the NLRB discarded the “clear and unmistakable waiver” standard. Its replacement? An employer-friendly “contract coverage” standard to determine whether a unionized employer has improperly changed a policy or practice regarding a mandatory
Some Guidance for Employers on Drafting Lawful Conduct Rules
Earlier this month, the NLRB’s Division of Advice (“Advice”) released a memorandum that opined on a variety of CVS Health’s (the “Company’s”) policies. It considered whether those policies were “unlawfully overbroad” as they related to employees’ Section 7 rights under
NLRB Issues Notice of Proposed Rulemaking Amending Election Procedures
On August 12, 2019, the NLRB published a Notice of Proposed Rulemaking in the Federal Register regarding election procedures that the NLRB majority contends is essential to preserving employees’ right to free choice of representation.
The proposed rule contain three
Chairman John Ring: The NLRB in 2019
On June 27, 2019, NLRB Chairman John Ring spoke at the 36th Carl A. Warns, Jr. and Edwin R. Render Labor and Employment Law Institute in Louisville, Kentucky. Chairman Ring (R), a former management attorney who previously worked for the
