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Software Company Settles NLRB Complaint for $775,000

A Silicon Valley software startup has agreed to pay $775,000 to settle an unfair labor practice claim filed by the National Labor Relations Board (NLRB) on behalf of 15 former software engineers who had sought to organize. The settlement agreement was reached just before the start of hearings.

Union kNOw – November 2018

Employees of the National Labor Relations Board (NLRB) have publicly protested a decision by NLRB Chairman John Ring and NLRB General Counsel Peter Robb to reopen labor contracts covering employees’ terms and conditions of employment, according to media reports.

Some Employers Will Have Workplace Rules Re-Evaluated By NLRB

The National Labor Relations Board is affording dozens of employers the chance to have cases involving the legality of their workplace rules re-evaluated under a 2017 Board decision. The Board decision overruled Obama-era Board precedent that hampered employers’ ability to maintain workplace conduct rules without running afoul of the National Labor Relations Act. The Board’s new initiative, first reported by Bloomberg Law, involves remanding numerous cases that held against employers for reconsideration by NLRB administrative law judges.

Labor Board Sets New Deadline for Submitting Comments on Proposed Joint-Employer Rulemaking

The National Labor Relations Board has extended the deadline for submitting comments regarding its proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act to December 13, 2018.

NLRB Finds Employer Cannot Unilaterally Implement E-Verify

The National Labor Relations Board (NLRB) found, in Ruprecht Co., 366 NLRB No. 179 (Aug. 27, 2018), an employer cannot unilaterally implement E-Verify if its employees are represented by a union; rather, it must give the union notice and opportunity to bargain about its implementation.

Labor Board: Secondary Picketing Not Protected, Subcontracted Janitors Lawfully Fired

In a ruling that may affect many industries, a three-member panel of the National Labor Relations Board (NLRB) has held that a group of subcontracted janitors in San Francisco were justifiably fired after engaging in secondary picketing at the building where they worked. Preferred Building Services, Inc., 366 NLRB No. 159 (Aug. 28, 2018). The Board ruled the employees engaged in conduct unprotected by the National Labor Relations Act (NLRA) when they urged the building’s tenants to “take responsibility” and help improve the janitors’ working conditions. The Board said the workers essentially were pressuring the building to cease doing business with their employer.

Unions to Face Greater Scrutiny for Negligent Conduct to Their Members

National Labor Relations Board’s field office staff have been directed to prosecute a broader array of cases against unions that engage in negligent behavior toward their members, according to an internal memorandum obtained by Bloomberg BNA.

National Labor Relations Board Finds Video Surveillance Of Workers’ Union Activity Violates NLRA

The National Labor Relations Board (NLRB) recently ruled that an employer’s video surveillance of its employees in the process of distributing Union materials and literature (and thereby breaking Company rules) was illegal under the National Labor Relations Act (NLRA). While normally this would be lawful, here the underlying policy was illegal and therefore all conduct involved in enforcing the rule was unlawful.

New Orleans Charter School Operator Ordered to Bargain with Union

The Fifth Circuit Court of Appeals recently held that a New Orleans charter school was not a “political subdivision” exempt from the National Labor Relations Act (NLRA). The NLRA does not apply to States and their political subdivisions. In this case, the charter school challenged the National Labor Relations Board’s (NLRB) finding that its operator, Voices for International Business and Education, Inc., was not a political subdivision of Louisiana and thus was not exempt from the NLRA. The

The Practical NLRB Advisor: Fall 2018

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp. v. Lewis, which is destined to have a profound impact on the labor movement and on labor-management relations.