Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Category Archives: NLRB

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Top 5 Labor Law Developments of 2016

Posted in NLRB
Well, 2016 is finally in the history books. It was certainly a momentous year for labor law.  Here is my take on the five most significant developments in 2016: Donald Trump Elected President.  As explained in my post-election post, there are two vacant seats on the NLRB and Member Miscimarra’s (R) term is expiring in… Continue Reading

Top 5 Labor Law Developments of 2015

Posted in NLRB
2015 is over; 2016 has just begun.  So, what were the top developments in labor law in the past 12 months?  And, what should be at the top of the list for labor professionals to keep an eye on in 2016?  I will share some thoughts on these two questions over the course of the… Continue Reading

NLRB Says Halting Benefit Contributions is Unlawful

Posted in Negotiations, NLRB
Earlier this week I introduced a recent NLRB decision that addressed two significant issues for employers. The first issue – related to an employer access rule –was a largely illusory victory for the employer.  Today’s post focuses on the second issue, which related to the employer’s cessation of contributions to a union education fund. The… Continue Reading

Employer Access Policy Lawful, But Unlawfully Applied

Posted in Employee Discipline, NLRB
A recent NLRB decision hit on two issues of potential interest to labor professionals. The first, covered in today’s post, involved an employer policy on off-duty employee access to the employer’s property. It is another good example of the NLRB’s relentless scrutiny of employer policies, although this time with a slightly more favorable outcome for… Continue Reading

Prior Planning in Acquisitions Key to Avoiding Labor-Related Surprises

Posted in Mergers and Acquisitions, Negotiations, NLRB
Acquiring the assets or hiring the workforce of an employer whose employees are unionized poses an additional layer of complexity for the purchaser. Without prior planning, the purchaser can end up losing its right to set the initial terms and conditions of employment. In a case earlier this year, the NLRB provided a good reminder… Continue Reading

It’s All About Control: NLRB Expands Key Joint Employer Rule

Posted in NLRB, Union Organizing
The NLRB dealt a blow to employers yesterday, releasing its long-awaited decision in Browning-Ferris Industries. In a 3-2 decision (pdf), the NLRB rolled back nearly thirty years of case law to “restate” its joint employer standard.  The result:  a far more expansive test that is centered firmly on the question of control — even indirect or… Continue Reading

Northwestern Football Players Lose Effort to Unionize: NLRB Declines to Exercise Jurisdiction

Posted in NLRB, Union Organizing
Earlier today, the long-running saga of whether NCAA Division I football players are employees under the NLRA came to an end — at least temporarily.  The NLRB unanimously declined to exercise jurisdiction over Northwestern University’s scholarship football players and dismissed the union election petition. In January 2014, Northwestern University’s scholarship football players filed a petition… Continue Reading

Court Disagrees with NLRB Ruling on Dress of Customer-Facing Employees

Posted in Employee Discipline, NLRB, Union Insignia
More than four years ago, the NLRB gave priority to an employee’s right to wear clothing with messages critical of their employer over an employer’s interest in its reputation with customers.  In a case involving AT&T employees, the NLRB ruled that an employer violated the law when it prevented its service technicians, when visiting customer… Continue Reading

Termination for Dishonesty During Internal Investigation Lawful, Says NLRB

Posted in Employee Discipline, NLRB
In a positive development for employers, the NLRB held last week that the termination of an employee for lying during an internal investigation into complaints of harassing/discriminatory conduct was lawful.  Significantly, the decision occurred in a case that had been vacated as a result of Noel Canning. First, a quick review of the facts.  The… Continue Reading

More Election Petitions, Quicker Votes: Data About the Early Impact of the NLRB’s New Election Rule

Posted in Elections, NLRB, Union Organizing
On the heels of the Texas court’s ruling earlier this week, and with more than a month of experience with the NLRB’s new election rule behind us, I thought it would be interesting to find out what the data actually shows is happening under the new rule.  So, yesterday I turned to Susan Connelly of… Continue Reading

General Counsel Responds to Labor Practitioners’ Questions

Posted in Elections, NLRB, Union Negotiations
Earlier this year, the NLRB’s GC, who is responsible for enforcing the NLRA, continued his annual practice of attending the Mid-Winter Meeting of the Practice and Procedure Committee of the ABA Labor and Employment Law Section.  The GC answered questions the committee had collected from labor law practitioners around the country. A few weeks ago,… Continue Reading

Policies on Employee Appearance and Social Media Use Declared Unlawful

Posted in Employee Discipline, NLRB
Recently, the NLRB, in a three-member panel of Chairman Pearce (D) and Members Hirozawa (D) and Johnson (R), ruled on more employee handbook provisions covering an expanse of topics including social media, employee conduct, and dress and grooming. In Boch Imports, Inc., the NLRB determined that the employer, a car dealer, violated the NLRA by… Continue Reading

The More the Merrier? A New Lawsuit Against the NLRB’s Election Rule Encounters an Early Setback

Posted in Courts, NLRB, Rulemaking
On Thursday, the NLRB won its first courtroom victory in connection with its “ambush” or “quickie” election rule, which went into effect earlier this month.  It was not, however, in one of the two cases that have been pending for some time, and that we have previously discussed on this blog. Instead, the NLRB’s victory… Continue Reading

Just When You Thought it Couldn’t Get Worse, it Does: NLRB Protects Facebook Attack on Supervisor

Posted in Employee Discipline, NLRB, Union Organizing
Consider this employee’s Facebook post: Bob is such a NASTY MOTHERF___ER don’t know how to talk to people!!!!!!  F__k his mother and his entire f__king family!!!!  What a LOSER!!!!  Vote YES for the UNION!!!!!!! In this case, “Bob” was the employee’s supervisor.  The employee (a banquet server) published the post at least 5-10 minutes after… Continue Reading

NLRB Continues Preparations for Implementing Ambush Election Rule

Posted in Elections, NLRB, Rulemaking
Earlier this week, Region 8 of the NLRB held a training session in Cleveland, Ohio, on the upcoming changes to the procedures for representation cases that will go into effect on April 14, 2015.  This training session was one of more than 35 sessions the NLRB is hosting for practitioners across the country.  Additionally, NLRB… Continue Reading

NLRB General Counsel Releases New Guidance on Employee Handbooks

Posted in Employee Discipline, NLRB
Last week, NLRB General Counsel (GC) Richard F. Griffin, Jr. released a new report addressing problematic employee handbook provisions which could be “reasonably construed” as having a chilling effect on employees’ Section 7 activity.  Similar to the three reports previously issued by predecessor Lafe Solomon on social media cases, Griffin offers the report as guidance on… Continue Reading

UPDATE: Challenges Mount, But Obama Administration Stands Firm on Quickie Election Rule

Posted in Elections, NLRB, Union Organizing
Regular readers of this blog are already aware of the uproar over the NLRB’s release of its “quickie” or “ambush” union election rule and the litigation it has spawned in both D.C. and Texas federal courts.  The rule will bring a major overhaul to the manner and timeframe in which union elections are held. As litigation has… Continue Reading