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Unions Are Not Immune From The #MeToo Scandal

Ever since the Harvey Weinstein allegations broke, almost every industry has been plagued by revelations of sexual harassment and abuse. This has left employers reeling. Even Unions are included in this scandal.

NLRB GC Institutes Changes to Certain Decision-Making Processes

The National Labor Relations Board’s General Counsel’s office has issued an internal Memorandum (“Changes to Case Processing Part 1”) to all regional directors, officers-in-charge, and resident officers announcing immediate enactment of case processing changes.

NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy

In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up sheet.

NLRB Rule Review and Revised Policy May Stifle Unions' Organizing Activity

The National Labor Relations Board (NLRB) signaled possible actions last week that may make it more difficult for unions to organize and communicate with workers and to fight decertification efforts.

eLABORate: NLRB Rules That Employer's Video Surveillance of Workers' Union Activity Violated NLRA

A recent ruling by the National Labor Relations Board (NLRB) should serve as a warning to employers that misguided efforts to “keep an eye” on possible union activity in the workplace, can have severe legal consequences.

NLRB Issues Invitation for Comment on Unions' Use of Employer Email Systems

May union organizers lawfully use their employer’s email system for union-related communications? This question has been asked and answered, asked again and answered differently, and is now being asked a third time. This week the National Labor Relations Board (NLRB) issued an invitation for comment on rescinding or revising the current rule of law.

Rest in Peace, Persuader Rule: The DOL Rolls Back Labor Relations Reporting Requirements

Earlier this month, the U.S. Department of Labor (DOL) handed employers a win, announcing that it was giving the notorious 2016 “Persuader Rule” the axe. The rule had delineated the bounds of an advice exception under the Labor-Management Reporting and Disclosure Act (LMRDA) and imposed additional reporting requirements on employers and labor relations consultants (third parties hired to advise on labor issues, including, among other things, unionization). The rollback of the rule is good news for employers, who not only get a reprieve from administrative reporting requirements, but can also rest easily in consulting with attorneys and other third parties regarding union and labor activities.

Top Five Labor Law Developments for June 2018

Public sector employees who are non-members of a union cannot be legally required to pay agency or “fair share” fees as a condition of employment, the U.S. Supreme Court has held in a 5-4 ruling. Janus v. AFSCME Council 31, No. 16-1466 (June 27, 2018).

DOL Revokes Obama-era "Persuader Rule"

The Department of Labor DOL) has rescinded a rule that would have greatly expanded the types of activity an employer must report under the Labor Management Reporting and Disclosure Act (LMRDA). The "Persuader Rule" is the latest Obama-era rule to be reversed by the Trump administration.

Weingarten Rights Not Violated; Employee Lawfully Terminated for Refusal to Take Drug/Alcohol Test

An employee’s Weingarten rights have limits, especially as to drug and alcohol testing, where time is often of the essence, an NLRB Administrative Law Judge has held. Fred Meyer Stores, Inc., No. 19-CA-206136 (July 2, 2018).