Constangy, Brooks & Smith, LLP • August 28, 2014
NLRB extends Weingarten right of union representation to drug and alcohol test situations
"Petitioned-for" bargaining units at department stores get a mixed reception from the Board
NLRB decides not to take a chance on Supreme Court review of its position on class action waivers in arbitration agreements
Brody and Associates, LLC • August 25, 2014
Almost one year after it granted review of Noel Canning, the U.S. Supreme Court, in a 5-4 vote, affirmed the D.C. Circuit Court’s decision that President Obama lacked the authority to appoint three National Labor Relations Board (“Board”) members during a three-day intra-session recess.
Ogletree Deakins • August 25, 2014
Can an employer fire an employee who allegedly makes a throat slashing motion to a co-worker who interprets the motion as a threat? According to a recent NLRB decision, maybe not. Nichols Aluminum, LLC and Teamsters Local Union No. 371, Case No. 25-CA-08260, august 18, 2014.
Littler Mendelson, P.C. • August 20, 2014
In yet another case that impacts both union and non-union employers, the National Labor Relations Board (NLRB) recently found that an employee who asked coworkers for assistance in preserving evidence for a sex harassment complaint she planned to raise with her employer was engaged in "concerted activities" for "mutual aid and protection" under Section 7 of the National Labor Relations Act (NLRA). Fresh & Easy Neighborhood Market, Inc., 361 NLRB No. 12 (Aug. 11, 2014). In so doing, the NLRB broadened the scope of protections under the NLRA to cover employees who pursue claims against their employers under a multitude of other federal and state statutes that regulate the workplace.
Brody and Associates, LLC • August 18, 2014
The National Labor Relations Board (“Board”) recently released a Memorandum which could greatly increase the number of unfair labor practice charges filed against employers.
Ogletree Deakins • August 18, 2014
Most employers are aware that Title VII of the Civil Rights Act protects individuals from harassment and discrimination, and further protects them from filing claims alleging such harassment or discrimination. However, many employers are not aware that Section 7 of the National Labor Relations Act (NLRA) also protects employees who attempt to garner support for a potential claim related to employment.
Littler Mendelson, P.C. • August 15, 2014
A National Labor Relations Board (NLRB) Regional Director is pursuing a set of complaints against a Maryland-area contractor, accusing the contractor of retaliating against immigrant employees for bringing a Fair Labor Standards Act (FLSA) action and attempting to unionize. The matter has drawn the attention of local politicians and interest groups calling for additional workplace protections for undocumented workers.
Franczek Radelet P.C • August 13, 2014
The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an employer’s investigation of an employee allegedly under the influence of drugs or alcohol. The Board also ratified all of the administrative and personnel actions it took between January 4, 2012 and August 5, 2013, the period during which recess appointees took actions invalidated by the Supreme Court’s ruling in Noel Canning.
Ogletree Deakins • August 11, 2014
In another of the increasingly frequent decisions by the National Labor Relations Board critical of employers’ policies and handbook provisions, a Board panel recently determined that the confidentiality rule included in an employer’s “Code of Business Conduct” was overly broad and restricted employees’ right to engage in concerted activities, a restriction in violation of Section 7 of the National Labor Relations Act (NLRA). Fresh & Easy Neighborhood Market, Case Nos. 31-CA-077074 and 080734 (July 31, 2014).
FordHarrison LLP • August 08, 2014
Executive Summary: The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with his union representative. See Ralphs Grocery Company and United Food and Commercial Workers Union, Local 324, 361 N.L.R.B. No. 9 (July 31, 2014). In the 2-1 decision, the Board found that the employee's suspension and subsequent discharge were "inextricably linked to his assertion of Weingarten rights," and therefore, reinstatement and backpay were warranted.