Related to: National Labor Relations Board
National Labor Relations Board (NLRB) General Counsel Peter Robb recently issued a new Guidance Memorandum detailing how NLRB Regional Offices receiving claims of improper employment policies are to interpret employer workplace rules. The Memo is good news for employers because it establishes a new, and much more employer-friendly standard for lawfulness of employee work rules. The…
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The National Labor Relations Board’s (“NLRB”) Division of Advice (“Division”) recently considered a union’s challenge to language in a business ethics policy maintained by aircraft manufacturer, Boeing Company. In a departure from the NLRB’s recent anti-employer guidance regarding employment policies, the Division issued an opinion upholding Boeing’s policy, which specifically forbade workers from engaging in…
Read MoreToday, a three judge panel from the Court of Appeals for the D.C. Circuit unanimously ruled that President Obama did not have the power to make three recess appointments last year to the National Labor Relations Board (NLRB). The Court rejected President Obama’s argument that he acted properly in the making the NLRB appointments because…
Read MoreIn yet another reversal of long standing precedent, the National Labor Relations Board (“NLRB” or “Board”) recently issued a decision that does away with the bright line rule protecting witness statements taken in the course of an internal workplace investigation from disclosure to a union. American Baptist Homes of the West, 359 NLRB No. 46…
Read MoreThe National Labor Relations Board’s (NLRB) Division of Advice recently issued a memorandum addressing whether an employer’s requirement that employees sign employment agreements containing non-compete and anti-moonlighting provisions violated the National Labor Relations Act (NLRA). The circumstances involved a non-union company by the name of Thermal Tech, Inc., which required newly hired employees to sign…
Read MoreThe National Labor Relations Board (NLRB) recently issued a decision (D. R. Horton, Inc. and Michael Cuda., Case 12-CA-25764) in which it determined an employer had committed an unfair labor practice by requiring employees to sign a mandatory arbitration agreement that prevented them from bringing a class action against the employer in any forum. The case involved D.R.…
Read MoreThe National Labor Relations Board (NLRB) recently issued a decision with significant implications for union and non-union employers alike. The NLRB’s decision in Parexel International LLC, 356 NLRB No. 82 (1/28/11) greatly expanded the definition of “protected concerted activity” under the National Labor Relations Act (NRLA). Under Section 7 of the NLRA, employees have a…
Read MoreLast week the National Labor Relations Board (NLRB) released a decision that could lead to a significant increase in union activity related to secondary boycotts. In a 3-2 decision split along partisan lines, the Board’s Obama-appointed majority held that the display of a stationary banner outside the business of a secondary employer is not coercive,…
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