By Nelson Cary and Amanda Miggo on Posted in Employee Discipline,Negotiations,NLRBThis blog previously discussed the NLRB’s dismissal of virus-related charges. The NLRB General Counsel, however, recently released a new memorandum summarizing cases related to Covid-19 where the NLRB found the virus-related issues had merit and pursued litigation. Because the cases are still in active litigation, the memo merely summarizes the facts of the cases. It… Continue Reading
By Nelson Cary and Amanda Miggo on Posted in Employee Discipline,Negotiations,NLRBIn a positive series of events for employers, the General Counsel’s Division of Advice called for the dismissal of five different coronavirus-related charges against employers. The GC’s office sent memos to regional NLRB offices directing them to dismiss specific cases, all of which were labor disputes sparked by the pandemic. All charges were either dismissed… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Elections,NLRBThe 2014 Election Rule is here to stay— at least for the next two months. On Friday, the NLRB extended the time for filing responses to the Request for Information until March 19, 2018. As we previously reported, the 2014 Election Rule, also known as the “ambush” or “quickie” election rule, speeds up the representation… Continue Reading
By Nelson Cary on Posted in CourtsLast week, I provided an overview of Judge Gorsuch’s decisions involving the NLRB. This week, I take a deeper dive into the opinions, discussing a few of the holdings below. As noted in my last post, Judge Gorsuch’s most recent opinion is actually a dissent. It offers the most interesting insights about his view of… Continue Reading
By Nelson Cary on Posted in NLRBWhen employers investigate workplace misconduct, they often interview employees. Indeed, some investigations begin because of information provided by an employee. To help document its investigation, the employer will sometimes ask employees to provide written statements about the misconduct of other employees, and the employer might promise confidentiality of those statements. It is unfortunate, but also true, that employees… Continue Reading