SWB Banner
divider
divider
Page Banner
divider

L A B O R   L A W   B L O G

 divider
divider
Labor Law Blog Posts
PLEASE READ OUR DISCLAIMER
Court Enjoins Posting of Rights Under National Labor Relations Act April 2012
On April 17, 2012, the U.S. Court of Appeals for the District of Columbia preliminarily enjoined the National Labor Relations Board from enforcing a regulation that would have required most private sector employers in the United Stated to post a notice of employee rights under the National Labor Relations Act... [read more]
Two Enforcement Mechanisms In NLRB’s Notice Posting Requirement Stricken March 2012
On March 2, 2012, the U.S. District Court for the District of Columbia issued a decision upholding the National Labor Relations Board’s right to require employers to post a notice informing its employees of their rights under the National Labor Relations Act. [National Association of Manufacturers v. NLRB, No. 11-1629 (March 2, 2012)]... [read more]
The NLRB Again Postpones Posting of Employee Rights January 2012
On December 23, 2011, the National Labor Relations Board announced that it would delay, until April 30, 2012, the effective date, of its Final Rule requiring all employers subject to the Board’s jurisdiction to post a notice in the workplace informing employees of their rights under the National Labor Relations Act... [read more]
NLRB’s Controversial Boeing Complaint Withdrawn After Settlement December 2011
On December 9, 2011, the National Labor Relations Board approved the International Association of Machinists’ request to withdrawal the controversial Complaint issued against Boeing Company on April 20, 2011. The Union requested the NLRB to drop the unfair labor practice Complaint... [read more]
NLRB Finds Employer Waived Right To Fire Unlawfully Striking Employees December 2011
On November 18, 2011, the National Labor Relations Board ruled in a 2-1 decision that an employer unlawfully fired approximately 146 union-represented employees after the union conducted a strike without giving the required notice to the Federal Mediation and Conciliation Service... [read more]
2011 Collective Bargaining Data Shows 1.3 Percent Average Wage Increase November 2011
The Bureau of National Affairs, Inc. has recently published an analysis of collective bargaining data compiled from September 19, 2010 through September 19, 2011. The data shows that the average first-year wage increase was 1.3 percent, compared with 1.7 percent in the comparable period of 2010... [read more]
NLRB Postpones Posting Requirement of Employee Rights under the NLRA October 2011
On October 5, the National Labor Relations Board announced that it would delay the effective date, until January 31, 2012, of its Final Rule requiring all employers subject to the Board’s jurisdiction – i.e., the vast majority of employers doing business in the United States – to post a notice in the workplace informing employees of their rights... [read more]
NLRB Judge Finds that Termination Over Facebook Posts Was Unlawful October 2011
On September 2, 2011, an administrative law judge (“ALJ”) determined that an employer violated the National Labor Relations Act (“Act”) when it fired five (5) employees for posting critical comments about working conditions on one employee’s Facebook page. [Hispanics United of Buffalo, Inc., NLRB, 3-CA-278772]... [read more]
NLRB Issues Ruling In Support of Union Bannering September 2011
The NLRB recently issued a ruling that a union’s display of a banner at business locations of secondary employers was lawful even if the banners were used to shame the secondary employers or to persuade the public not to patronize the employers... [read more]
NLRB Abolishes Dana Corp’s 45-Day Window Period September 2011
The National Labor Relations Board, in a 3-1 decision released days before Chairman Wilma Liebman’s tenure at the Board concluded, has ruled that a representation election petition is barred for a reasonable period of time following an employer’s voluntary recognition of a union designated by a majority of its employees... [read more]
NLRB Reinstates “Successor Bar” Doctrine September 2011
At the completion of her third term, National Labor Relation Board (NLRB) Chairman Wilma B. Liebman left the agency, effective midnight, August 27, 2011. Her recent departure, however, did not prevent her from spearheading a decision that restored the highly controversial “successor bar” doctrine... [read more]
Casino Not Allowed To Fire Union Supporter For FMLA Abuse August 2011
The U.S. Court of Appeals for the District of Columbia upheld a decision by the National Labor Relations Board that a New Jersey casino violated federal labor law by firing a table dealer, who was an outspoken union supporter, after the table dealer misused 20 minutes of Family Medical Leave Act (FMLA) leave to attend a union rally... [read more]
DOL’s Proposed Rule for Reporting of “Persuader Activity” August 2011
On June 21, 2011, the Department of Labor (“DOL”) published a notice of proposed rulemaking which would revise the DOL’s interpretation of the “persuader activity” rule and require more public reporting by labor consultants and attorneys working with employers on union organizing or collective bargaining matters... [read more]
NLRB Finds That The Inflatable Rat Is Not Illegal Activity July 2011
On May 26, 2011, in Brandon Regional Medical Center, 356 NLRB No. 162 (May 26, 2011), the National Labor Relations Board held that a union’s display of a large inflatable rat outside the premises of a secondary employer was not coercive activity, and thus not a violation of the Act’s secondary boycott provisions... [read more]
Firing Replacement Workers At End of Strike Is Not A “Mass Layoff” July 2011
On June 8, 2011, in Sanders v. Kohler Co., 8th Cir., No. 10-1848, 6/8/11, the Eighth Circuit Court of Appeals held strike replacement workers that were summarily dismissed at the strike’s conclusion were not entitled to notice under the Workers Adjustment and Retraining Notification Act (WARN Act), 29 U.S.C. §2101... [read more]
8th Circuit Allows NFL Lockout to Continue July 2011
On July 8, 2011, in Tom Brady, et. al. v. National Football League, et. al, No. 11-1898 (8th Cir. 2011), the U.S. Court of Appeals for the Eighth Circuit held that the district court’s preliminary injunction enjoining the NFL lockout as an unlawful group boycott must be vacated because it did not conform to the provisions of the Norris-LaGuardia Act... [read more]
Political Response to the NLRB’s Complaint Against Boeing June 2011
Republican Senators angered over the National Labor Relations Board’s (“NLRB”) complaint against The Boeing Company (“Boeing”) alleging unfair labor practices expressed their displeasure by sending a letter to President Obama claiming overreaching by the NLRB and by introducing legislation to amend the National Labor Relations Act... [read more]
Department Of Labor Releases Timesheet “App” June 2011
On May 9, 2011, the Department of Labor launched its first smartphone “app” designed to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users can track regular work hours, break time and overtime hours for one or more employers... [read more]
NLRB Complaint Challenges Firing For Facebook Posts June 2011
On May 9, 2011, the Regional Director for Region 3 of National Labor Relations Board issued an unfair labor practice complaint against Hispanics United of Buffalo, Inc., alleging violations of the National Labor Relations Act (“NLRA”) when it fired five (5) employees for posting critical comments about working conditions on Facebook... [read more]
NLRB Finds Material Supplier’s Agreement With Teamsters Unlawful April 2011
On April 19, 2011, the National Labor Relations Board unanimously held that an agreement between a Teamsters Local and a Concrete Ready-Mix supplier was facially unlawful under Section 8(e) of the Act. [International Brotherhood of Teamsters, Local 251 (Material Sand & Stone Corp.), 356 NLRB No. 135 (April 19, 2011)]... [read more]
NLRB Proposes Requiring Employers to Post Notice of Employee Rights February 2011
On December 22, 2010, the National Labor Relations Board announced a new proposed rule requiring employers subject to the National Labor Relations Act (“NLRA”), including labor organizations in their capacity as employers, to post notices informing their employees of their rights under the NLRA... [read more]
NLRB Advises States That Federal Labor Law Preempts State Secret-Ballot Laws January 2011
On January 14, 2011, the National Labor Relations Board (NLRB) advised the Attorneys General of Arizona, South Carolina, South Dakota, and Utah that their state constitutional amendments governing the way in which employees choose union representation conflict with federal labor law and are, therefore, preempted.... [read more]
Pre-Recognition Agreement Does Not Provide Unlawful Support December 2010
On 6 December 2010, the National Labor Relations Board issued a decision finding that a Letter of Agreement entered into between the employer and an unrecognized union - setting forth ground rules for additional union organizing, procedures for voluntary recognition upon proof of majority support... [read more]
NLRB Issues Charge For Termination Over Negative Internet Comments November 2010
On 2 November 2010, the Hartford, Connecticut, office of the NLRB announced that it had issued an unfair labor practice charge against an employer alleging that an employee was illegally terminated for posting negative comments about her supervisor on her Facebook page... [read more]
NLRB Requires Electronic Posting Of ULP Notices November 2010
On 22 October 2010, the National Labor Relations Board decided in a 3-1 ruling that it will now require employers or labor organizations to not only post paper notices to remedy unfair labor practices, but also to distribute the notices electronically in cases where the charged party customarily uses such technology for other messages... [read more]
NLRB Issues Roadmap For Considering Two-Member Board Cases September 2010
On 1 July 2010, the five-Member National Labor Relations Board outlined its plan for handling the 96 cases to be remanded following the Supreme Court’s recent decision in New Process Steel v. NLRB. See our July 2010 blog for more information on New Process Steel v. NLRB... [read more]
Union Bannering Permitted Under Secondary Boycott Provisions September 2010
In a case of first impression, The National Labor Relations Board (NLRB) ruled on 27 August 2010 that a Union does not violate the secondary boycott provisions of the National Labor Relations Act (NLRA) when its agents display a large stationary banner announcing a “labor dispute” in front of a secondary employer’s business... [read more]
Five-Member NLRB Ratifies Certain Actions Taken By Two-Member Board August 2010
On 8 July 2010, the newly appointed five-Member National Labor Relations Board announced that is has ratified the General Counsel’s litigation authority and the Board’s administrative, personnel, and procurement actions taken during the 27-month period when the Board operated with only two members... [read more]
NLRB Seeks To Implement Electronic Voting For Union Election Proceedings July 2010
On 9 June 2010, the National Labor Relations Board’s contracting office issued a Request for Information for industry comments regarding the capacity, availability, methodology and interest of industry sources for procuring and implementing secure electronic voting services both for remote and on-site elections.... [read more]
Supreme Court Rules that NLRB Did Not Have Authority to Issue Rulings July 2010
The Supreme Court of the United States held on 17 June 2010, that the National Labor Relations Board (NLRB), which operated for 27-months with just two members, did not have the authority to issue decisions in unfair labor practice and representation cases during that time period. (New Process Steel LP v. NLRB, No. 08-1456, 06/17/10)... [read more]
Temple University Nurses Granted Jobless Benefits During Work Stoppage July 2010
On 11 June 2010, the Pennsylvania Department of Labor and Industry held that the 1,500 union-represented nurses and professional and technical workers at Temple University Hospital in Philadelphia are eligible for unemployment benefits for the 28 days of their April 2010 work stoppage... [read more]
DOL Publishes Rule Requiring Posting of Employee Rights June 2010
On 20 May 2010, the Department of Labor published a final rule requiring federal contractors and subcontractors to provide notice to their employees of their rights under the National Labor Relations Act. Federal contractors and subcontractors will be required to post the prescribed employee rights notice at their workplace... [read more]
Leaking Documents to the Media Not Protected Activity Under SOX or NLRA March 2010
On 9 February 2010, a federal district court in Washington State dismissed a lawsuit filed against the Boeing Co. by two former employees who were fired after they provided internal company documents to a newspaper reporter. (Tides v. Boeing, W.D.Wash., No. C08-1601, 2/9/10)... [read more]
Senator Specter Unveils Revised EFCA Bill October 2009
Senator Arlen Specter (D-Pa) announced at an AFL-CIO convention on 15 September 2009 that a group of senators have "pounded out" a compromise on the proposed Employee Free Choice Act (H.R. 1409, S.560). The biggest change in the proposed bill was the removal of card check recognition... [read more]
Comment Period Extended for Proposed Rule on Project Labor Agreements September 2009
According to a notice published in the 24 August 2009 Federal Register, the comment period, which had expired 13 August 2009, has been reopened on proposed rules that would implement an executive order relating to project labor agreements. The new deadline is 23 September 2009... [read more]
President Obama Nominates Brian Hayes to the NLRB August 2009
On 9 July 2009, President Obama announced his intent to nominate Republican Senate staffer Brian E. Hayes to serve as a member of the National Labor Relations Board (NLRB). Mr. Hayes is currently the Republican labor policy director for the Senate Health, Education, Labor, and Pensions Committee... [read more]
President Obama Nominates Two Union Attorneys to the NLRB May 2009
On 24 April 2009, President Obama announced that he was going to nominate union attorneys Craig Becker and Mark G. Pearce to fill two of the vacancies on the National Labor Relations Board (NLRB) leaving one additional vacancy remaining to be nominated... [read more]
Senator Specter Opposes Employee Free Choice Act April 2009
On 24 March 2009, Senator Arlen Specter (R-Pa.) announced that he would not support the Employee Free Choice Act {EFCA). The EFCA would amend the National Labor Relations Act (NLRA) to make it easier for employees to form labor unions through a card-check authorization process... [read more]
[ Back to Top ]
PLEASE READ OUR DISCLAIMER
divider
Page Footer
divider