NLRB Judge Finds the Board and General Counsel Lacked “Intellectual...
By: Michele Haydel Gehrke, Esq. On August 29, 2013, well-respected NLRB Administrative Law Judge William Kocol issued a decision (here) blasting the NLRB and its General Counsel for lacking...
View ArticleNLRB ALJ Concludes That Employer Cannot Condition Bargaining On Outcome of...
By: Ashley Kircher Laken, Esq. On October 22, an NLRB administrative law judge found that an employer violated the National Labor Relations Act when it refused to bargain with a union that had been...
View ArticleThe Dispute Over Pre-Recognition Neutrality Agreements Continues as the...
By: Kristen Verrastro, Esq. The Supreme Court of the United States today dismissed as improvidently granted its original grant of certiorari in UNITE HERE Local 355 v. Mulhall (“Mulhall”).[1] As...
View ArticleNLRB ALJ: Handbook Rule Forbidding Unfair Criticism and Instruction to Not...
By: Ashley K. Laken, Esq. On January 31, NLRB Administrative Law Judge Susan Flynn ruled that two provisions of a non-unionized hospital’s code of conduct unlawfully interfered with employees’ Section...
View ArticleNLRB Requires Hospital To Pay Union’s Negotiating Expenses
By: Ashley K. Laken, Esq. On April 14, the NLRB found that a California hospital had repeatedly failed to bargain in good faith with a union representing its registered nurses and that an order...
View ArticleNLRB Affirms Ruling That Employer Maintained Unlawful “No Gossip Policy”
By: Howard M. Wexler, Esq. & Joshua D. Seidman, Esq. As we previously blogged about – most recently here and here, the NLRB has taken aim at employer workplace rules that it contends are...
View ArticleThe Big Impact from Nixed Recess Appointments: Supreme Court’s rejection of...
By: Kenneth R. Dolin, Esq. The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and...
View ArticleNLRB Sets Its Sights on McDonald’s and Other Franchisors
By: Ronald J. Kramer, Esq. On December 19, 2014, the NLRB General Counsel’s Office issued thirteen consolidated complaints against the purported unfair labor practices of numerous McDonald’s...
View ArticleSenate Takes Next Step in Fighting Off Controversial “Ambush Election” Rules
By: Howard M. Wexler, Esq. Hoping that the third time is the charm, the National Labor Relations Board (“Board” or “NLRB”) has once again adopted its expedited election rules (aka “Ambush Election...
View ArticleBad Faith Bargainer Beware: D.C. Circuit Enforces Award of Negotiation Costs
By: Ronald J. Kramer, Esq. Last year the NLRB demonstrated an increased willingness to award negotiation costs as a remedy for bad faith bargaining in cases that are far less egregious than those...
View ArticleGiving Unions Their Dues: “The More Things Change, the More They Stay the Same.”
By: Bradford L. Livingston Depending on your point of view, it’s the same old (and new) song. Whether the famous 19th Century line by French writer Jean-Baptiste Alphonse Karr, the lyrics from the 2010...
View ArticleD.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality...
By: Ashley Laken Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and...
View ArticleGC Memorandum 18-02 Suggests a More Sane Approach to Independent Contractors
By: Tiffany T. Tran, Esq. and Timothy M. Hoppe, Esq Seyfarth Synopsis: On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memorandum containing a broad overview of...
View ArticleThe NLRB Bolsters Unions’ Ability to Investigate Discrimination and Pay...
By: Kyllan Kershaw & Kaitlyn Whiteside Seyfarth Synopsis: In Colorado Symphony Association, 366 NLRB No. 60 (April 13, 2018), the NLRB found that an employer had an obligation to disclose...
View ArticleThe Big Impact from Nixed Recess Appointments: Supreme Court’s rejection of...
By: Kenneth R. Dolin, Esq. The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and...
View ArticleNLRB Sets Its Sights on McDonald’s and Other Franchisors
By: Ronald J. Kramer, Esq. On December 19, 2014, the NLRB General Counsel’s Office issued thirteen consolidated complaints against the purported unfair labor practices of numerous McDonald’s...
View ArticleSenate Takes Next Step in Fighting Off Controversial “Ambush Election” Rules
By: Howard M. Wexler, Esq. Hoping that the third time is the charm, the National Labor Relations Board (“Board” or “NLRB”) has once again adopted its expedited election rules (aka “Ambush Election...
View ArticleBad Faith Bargainer Beware: D.C. Circuit Enforces Award of Negotiation Costs
By: Ronald J. Kramer, Esq. Last year the NLRB demonstrated an increased willingness to award negotiation costs as a remedy for bad faith bargaining in cases that are far less egregious than those...
View ArticleGiving Unions Their Dues: “The More Things Change, the More They Stay the Same.”
By: Bradford L. Livingston Depending on your point of view, it’s the same old (and new) song. Whether the famous 19th Century line by French writer Jean-Baptiste Alphonse Karr, the lyrics from the 2010...
View ArticleD.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality...
By: Ashley Laken Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and...
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