The Acting Associate General Counsel of the National Labor Relations Board (NLRB) recently published a memorandum addressing the types of bargaining obligations under the National Labor Relations Act (NLRA) that may arise out of OSHA’s recently issued emergency temporary standards for mandated vaccination (ETS). Given that the ETS requires employees to get vaccinated or, if […]
The U.S. Supreme Court has delivered a major victory for employers across America – ruling that mandatory arbitration agreements that contain a provision prohibiting any form of class or collective litigation are lawful. The issue was ripe for consideration at the Supreme Court because there was a split among the Circuit Courts of Appeal as […]
Last week, McDonald’s and the National Labor Relations Board (NLRB) faced off in an administrative court to determine whether the fast-food chain is liable for the actions of its franchisees as a joint employer. The case arose out of hundreds of complaints filed by fast food workers alleging they were illegally threatened, disciplined, or fired […]
Macy’s joins the growing list of employers that have violated Federal labor law. Macy’s recently joined this list due to policies in its Code of Conduct (the “Handbook”). A National Labor Relations Board Administrative Law Judge (“ALJ”) found these policies overbroad under the National Labor Relations Act (the “Act”). In short, the Act gives employees […]
In a split decision ruling on December 11, 2014, the National Labor Relations Board (“Board”) held that employees have the right to use their employers’ email systems for nonbusiness purposes, including soliciting, distributing and organizing employees. The Board’s decision is limited to: Employees who already have access to their employer’s email system in the course […]
In a significant change for employers facing a union representation election, the National Labor Relations Board (“NLRB” or “Board”) has adopted its “final rule” amending representation case procedures. These procedures resolve certain existing representation disputes and provide detailed guidance on the NLRB’s representation procedures, from the petition being filed to post-election issues. Under the previous […]
2014 has certainly been an interesting year at the National Labor Relations Board (“the Board”). This year has seen the joint-employer rulings to the Northwestern student-athlete representation hearing decision out of Region 13 (Chicago). In addition, potential repercussion of the Supreme Court’s Noel Canning decision, which voids every Board decision from January 4, 2012 to […]
