A recent ruling by the Third Circuit Court of Appeals serves as a useful reminder that the National Labor Relations Board has the power to prosecute a case based on an allegation made by a third party who has no connection to the employer’s employees
This recent appeals court ruling illustrates both the expansive reach of the National Labor Relations Act as well as the considerable discretion given to the National Labor Relations Board to interpret the NLRA’s coverage.
The Fifth Circuit Court of Appeals has ruled that President Biden’s termination of Peter Robb, the Trump appointee serving as General Counsel of the National Labor Relations Board, was within the President’s authority even though Robb had 10 months r
Jennifer Abruzzo, a former union lawyer who now serves as the General Counsel of the National Labor Relations Board, is determined to reverse some of what she believes are pro-management labor law policies that were adopted by the Trump-era NLRB.
The Biden-appointed majority on the National Labor Relations Board is asking for input on whether it should revisit two major rulings issued by the Trump-era NLRB dealing with employer work rules and independent contractor
The National Labor Relations Board is considering expanding its traditional “make-whole” remedies to include “consequential” damages, and is asking for input from interested parties on whether and how it should proceed.
A new standard adopted by the National Labor Relations Board last year that protects an employer’s right to discipline employees for offensive speech is in jeopardy as a new, more union-friendly NLRB revisits it.
A standard adopted by the Republican-controlled National Labor Relations Board in 2019 that strictly limited the ability of a property owner’s contract workers to engage in union related activity on the owner’s premises has been reversed by a federal
With President Biden’s picks about to assume majority control of the National Labor Relations Board, national labor law policy is almost certain to tilt to a more union-friendly bias in the weeks and months to come. We touch on a number of areas wher
A recent ruling by the D.C. Circuit serves as a reminder that an employer email policy that restricts non-business use must be applied consistently so as not to discriminate against employees’ labor law rights.
Two recent federal appeals court rulings serve as a timely reminder of the rights unionized employees have under federal labor law, and how those rights are enforced.
CWC’s memo summarizes several recent developments from the National Labor Relations Board that may be of interest to our members.
As the November elections approach, employees may have strong views about the candidates and issues and may want to express those views in the workplace. Employers do have flexibility to adopt policies that minimize the potential disruption that may
Two years ago, the National Labor Relations Board adopted a new less rigid standard that attempts to achieve the proper balance between employee and management rights under federal labor law. Since then, the Board has been issuing decisions interpret
Over the last two years, the National Labor Relations Board has issued a series of rulings that critics claim were badly needed to reverse a strong pro-union tilt in the agency’s previous rulings.
In a fairly rare display of bipartisan agreement, the U.S. Senate has confirmed President Trump’s two nominees to the National Labor Relations Board. The same cannot be said for the President’s three nominees to the Equal Employment Opportunity Commi
In a major reversal of a controversial line of previous decisions, the National Labor Relations Board has ruled that it will no longer permit racist and sexist speech by workers in the name of protecting their rights under the National Labor Relation
Under federal labor law, a union-represented employee has the right to demand that a union representative be present in a meeting with the employer that the employee reasonably believes will lead to disciplinary action. This ruling by the influential
The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.
In a back and forth we have seen in conjunction with previous changes in Administration, the now-Republican majority on the NLRB is continuing to scale back rulings that were issued during the Obama Administration by a Board that was then composed of
President Trump’s nominees to fill open slots at the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Office of Disability Employment Policy have been approved as a package by a key Senate committee, setting their
The federal trial court in Washington, DC recently struck down portions of a rule dealing with labor union election procedures that was issued by the National Labor Relations Board last December. The court found the agency violated the Administrative
There are a host of federal labor and employment laws that require employers to post notices informing employees of their rights. Our updated checklist and summary cover the employment-related poster requirements currently in effect, along with the m
The National Labor Relations Board recently issued a final rule amending three specific parts of the agency’s so-called “representation” rules and regulations to give greater protection to employees who want to be free to choose whether or not to be
As employers make hard adjustments to address the impact of the coronavirus pandemic on their operations, the National Labor Relations Board has weighed in with its view on how companies need to be mindful of the labor law implications.
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