Earlier this month, the NLRB General Counsel released a guidance memo urging the Board to apply the “more than ministerial aid” standard when evaluating whether an employer’s assistance in union organizing violates the National Labor Relations Act.
Continue Reading NLRB GC Memo Clarifies the Standard to Evaluate Employer Assistance in Union Organizing

In a pending NLRB case, an employees’ rights advocacy group, the National Right to Work Legal Defense Foundation, filed an amicus brief supporting poultry plant workers seeking to decertify their union,  the United Food and Commercial Workers Union, even though there was a collective bargaining agreement in place between the UFCW and their employer.
Continue Reading The Contract Bar Doctrine: Abolition or Reform?

On July 27, 2020 the NLRB issued a supplemental decision involving a labor law successor employer, which unilaterally implemented terms and conditions of employment prior to commencing operations. The question presented was whether and to what extent the successor could take further unilateral action, free of the duty to bargain with the union.
Continue Reading NLRB Clarifies Successor Employer’s Duty to Bargain Over New Employment Terms

Over the past 40 years, the National Labor Relations Board has grappled with the appropriate balance between an employer’s right to discipline an employee for abusive behavior and an employee’s right to engage in Section 7 activity. Much to the dismay of employers, this balancing act has historically tipped heavily in favor of protecting an employee’s right to engage in Section 7 activity at the expense of an employer’s right to discipline its employees for conduct such as using racial slurs while picketing, engaging in sexist behavior, or yelling obscenities at a supervisor while discussing wages.
Continue Reading NLRB Loosens Restrictions on Employee Discipline for Abusive Conduct and Speech

The U.S. District Court for the District of Columbia has issued its third, and presumably final, decision in the lawsuit challenging the National Labor Relations Board’s new election rules. In the latest order, the Court granted summary judgement in favor of the NLRB on the remaining counts of the complaint.
Continue Reading NLRB Prevails in Remaining Challenges to Election Regulations

On May 30, 2020, the U.S. District Court for the District of Columbia issued a two page order invalidating five elements of the NLRB’s 2019 election regulation, based on Count One of the plaintiff’s complaint.  On June 7, the court issued its promised memorandum opinion further explaining that order. 
Continue Reading NLRB: Federal Court in DC Issues Promised Opinion on Election Regulations

In mid-May the NLRB established a clear rule regarding stray marks on ballots in union representation elections, eradicating years of convoluted and inconsistent precedent. The decision, which applied retroactively, resulted in a union’s failure to amass a majority of the votes and, consequently, a reversal of the Regional Director’s Decision and Certification of Representation.
Continue Reading NLRB Provides Clarity and Consistency to Stray Marks on Ballots