Tag Archives: union

NLRB’s “Ambush Election” Rules Survive Federal Court Challenge

Those of you following the controversial recent revisions to the National Labor Relations Board’s union election rules know that those rules went into effect in April of this year, over a Congressional disapproval resolution.  (See our previous posts concerning the issuance and implementation of the rules here, here, and here.)  These rule changes have been labeled … Continue Reading

Two Recent D.C. Circuit Decisions Reverse the NLRB, Restore Common Sense

In two recent decisions out of the D.C. Circuit Court of Appeals, the court reversed the National Labor Relations Board (NLRB or Board), finding that Board’s conclusion that the employers engaged in unfair labor practices in each case ignored simple realities, and instead restored the common sense balance between employees’ and employers’ rights with respect … Continue Reading

Congress Gears Up Against NLRB’s Pro-Labor Agenda

Although early in its first session, the new Republican-controlled Congress is living up to the expectation that it will force numerous showdowns between the legislative and executive branches of our federal government.  Included in the many items upon which the new Congress and President Obama will likely disagree are certain National Labor Relations Board (“NLRB”) … Continue Reading

Increased information obligations to employees in French company takeovers threaten transaction confidentiality

France has recently introduced new rules obliging smaller companies to provide increased information to their employees regarding prospective takeovers and ownership changes and also regarding opportunities for the staff to make acquisition offers themselves. The laws are a part of the Lois sur l’économie sociale et solidaire,a scheme of reforms designed to strengthen economic social … Continue Reading

Termination of US Employees for Posting “Sandwich Contamination” Posters was Illegal According to NLRB

On August 21, 2014, the National Labor Relations Board (NLRB) issued a decision that broadens the line to which potentially disloyal actions by employees will be treated as protected activity.  In MikLin Enterprises, Inc. dba Jimmy John’s and Industrial Workers of the World [pdf], the NLRB ruled that posters and press releases alleging that Jimmy John’s … Continue Reading

Facebook Threat Against Union Member That He Will “get 2 black eyes” If He Crosses the Picket Line Is Not Unlawful According to the NLRB

On February 12, 2014, the National Labor Relations Board decided to continue to protect the right of union members to post freely on Facebook and this time, even finds that the Union itself has no obligation to disavow or remove comments which very clearly threatened some of its members if they crossed the picket line. … Continue Reading

NLRB Launches New Website On Concerted Protected Activity

As most employers know particularly from the NLRB’s recent activity in the area of social media as previously reported here, the National Labor Relations Act protects concerted activities of employees—not just union organizing or representation activity.  Specifically, the NLRA provides that: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, … Continue Reading

The NLRB’s “Ambush Election” Rule Is Now In Effect

On December 22, 2011, the National Labor Relations Board (“Board”) adopted a final rule which significantly modified, in certain respects, the procedure for processing representation petitions. The “ambush election” rule, which represents a scaled back version of a more comprehensive overhaul of election procedures proposed by the Board in June 2011, went into effect on … Continue Reading

Federal Courts Deal Setbacks to NLRB’s Notice Posting Rule–Employer Posting Requirement Enjoined

The United States District Court for the District of South Carolina late last week decided that that National Labor Relations Board (NLRB) exceeded its statutory authority when it promulgated its much debated notice-posting rule.  While this decision was a setback to the agency’s efforts to require employers to post a notice informing employees of their … Continue Reading

Court Upholds NLRB Order Employer Posting Requirement (But Strikes Down Penalty Rule)

On March 2, Judge Amy Berman of the US District Court for the District of Columbia ruled that the NLRB has the authority to promulgate the rule it adopted last year (previously commented on here) which will require employers to post a notice informing employees of their rights under the National Labor Relations Act.  After … Continue Reading

NLRB Posting Requirement Postponed

The National Labor Relations Board won’t require employers to implement new posting requirements on November 14.  Instead, employers will have until January 31, 2012 — over a two month extension. Will the new posting requirements, as previously reported, go away completely? Probably not.  Although the NLRB extended the deadline, particularly to give medium and small … Continue Reading

Another Posting For Employers: New NLRB Posting Obligation for Employers

Effective November 14, 2011, private employers will be required to post a workplace notice of employee rights under the National Labor Rights Act. The posting requirement is intended to inform all employees of their rights under the NLRA and is patterned, in part, after the posting requirements of the FLSA, the FMLA and the recent … Continue Reading

Have you ever seen The Rat?

It’s a giant 16-foot balloon in the shape of a rat, and it is becomingly increasingly common in labor disputes. Unions display the giant balloon as a way of informing the public of their dissatisfaction with the targeted employer, i.e., the “rat employer”. But should it be viewed legally as a picket? The question is quite an … Continue Reading

Should US Employers Write Off the Unions?

Two years ago I was leading webinars and roundtables about the potential passage of the Employee Free Choice Act.  Today, some US employers have a union organizing campaign at the bottom of their worries.  The pendulum has swung once again, and unions appear to be losing ground. If you’re watching the stand off in Wisconsin or … Continue Reading