NLRA Trumps Private Property Rights
On April 23, in Caterpillar Inc. v. NLRB, the Board found that the employer had violated Section 8(a)(1) and (5) of the Act by refusing a non-employee union representative access to the facility to...
View ArticleD.C. Circuit Strikes Down NLRB Duty to Bargain Requirement
In an unpublished decision, which issued on May 3, 2016, the United States Court of Appeals for the District of Columbia made it clear that there was a “fundamental and long-running disagreement”...
View ArticleSecond Circuit Reluctantly Maintains Status Quo on Class Waiver Provisions,...
On September 2, the Second Circuit Court of Appeals issued its decision in Patterson v. Raymour’s Furniture Co., the most recent case in what has become an all-out war between employers and the NLRB...
View ArticleClik here to view.
Mandatory Employee Arbitration Split To Be Heard By Supreme Court
Earlier this month the United States Supreme Court decided to hear three cases which will resolve the split between various Courts of Appeals (discussed in our prior post here) as to whether individual...
View ArticleConfidentiality and No-Participation Provisions in Voluntary Severance...
On March 16, 2020, the Board issued its decision in Baylor University Medical Center and Dora S. Camacho reversing the 2018 ALJ decision and holding that Confidentiality and No Participation in...
View ArticleProtecting Concerted Activity during the COVID-19 Pandemic
Key Points Media policies which prohibit employees from communicating with the media must be narrowly tailored to protect legitimate business interests such as protecting confidential information and...
View ArticleThe PRO Act – A Wish List For Revival of Unions
The Protecting the Right to Organize (PRO Act) (H.R. 842) is a sweeping effort to amend longstanding labor laws to facilitate union and employee organizing efforts. The union-friendly legislation would...
View ArticleNinth Circuit Construes Secondary Picketing in Context of Shared Job Site
It’s become increasingly common for businesses to subcontract workers to perform jobs at a location that is shared with the business or other neutral third parties. When picketing at common job sites...
View ArticleNLRB Mandates National Dress Code
On August 29, 2022, the NLRB issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including...
View ArticleNational Labor Relations Board Overrules Boeing With Strict Scrutiny of...
On August 2, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued its anticipated ruling in Stericycle, Inc., reversing the Trump-era Boeing decision that famously implemented a...
View Article
