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A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S. Court of Appeals for the D.C. Circuit. In September 2019, the National Labor Relations Board […]

In determining that the National Labor Relations Board’s decision finding that the Employer violated the National Labor Relations Act was not supported by substantial evidence, the U.S. Court of Appeals for the Eleventh Circuit provided some guidance to employers on workforce transitions from another employer. The case of Ridgewood Health Care Center, Inc. v. NLRB […]

On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays out a clear agenda…on some priorities of the Office of the General Counsel.” The memo directs NLRB field offices to submit cases addressing […]

The National Labor Relations Board held that a union’s use of a large inflatable rat – infamously known as “Scabby” and standing 12-feet tall with red eyes and claws – and banners targeting a “neutral” employer does not, without more, violate the National Labor Relations Act. Scabby and other inflatables have been used by unions […]

In a case applicable to unionized and non-unionized employers alike, the U.S. Court of Appeals for the D.C. Circuit found that an employer unlawfully discriminated against an employee under the National Labor Relations Act (NLRA) by reprimanding her for sending facility-wide e-mails seeking employee support for a union, supposedly in violation of the company’s e-mail […]

The National Labor Relations Board (NLRB or the Board) held that solicitation of mail ballots is objectionable conduct during a NLRB-conducted election. The Board further held that an election would be set aside if the evidence establishes that a party’s ballot solicitation affected a determinative number of voters – i.e., a number of voters greater […]

The U.S. Court of Appeals for the District of Columbia Circuit vacated a National Labor Relations Board (NLRB or “the Board”) order finding a supervisor’s statement blaming the employees’ union for a leave discrepancy violated the National Labor Relations Act (NLRA). Facts: In Trinity Services Group, Inc. v. NLRB, an employee and a supervisor disagreed […]

The National Labor Relations Board (“NLRB” or the “Board”) held that a lawful rule or policy applied to restrict employee rights provided by the National Labor Relations Act (“NLRA”) did not automatically render the rule unlawful to maintain. No-Recording Policy: In AT&T Mobility, LLC, the company maintained a no-recording policy prohibiting employees from recording conversations […]

In Alcoa Corp., the National Labor Relations Board addressed an important issue to both non-union and unionized employers alike concerning workplace investigations. Most importantly, the Board reaffirmed that an employer does not violate the National Labor Relations Act (NLRA) when it instructs employees to keep investigative interviews confidential for the duration of the workplace investigation. […]

In Memorandum GC 21-03, National Labor Relations Board Acting General Counsel Peter Sung Ohr addressed employees’ right to act together to improve their working conditions, a right granted to employees by Section 7 of the National Labor Relations Act (NLRA). Evident by the subject of the memo, the GC indicated his intention to vigorously enforce […]