The National Labor Relations Board (NLRB) issued a ruling on January 6, 2000 that ought to have employers .

In a unanimous decision, the United States Supreme Court ruled that Union Organizers (known as "Salts") may be con.

The Supreme Court recently held, in an important decision for the health care industry, that Licensed Practical N.

This article discusses the Board's decision to ban pre-election speeches 24 hours before elections.

In the past two and a half decades, organized labor has continued its declining membership as a percentage of the A.

This article discusses the unions approach to communicating with the labor force in the age of virtual offices.

This article reviews the Epilepsy Foundation of Northeast Ohio decision whereby the National Labor Relations Board held that the Weingarten rights of unionized employees also apply to employees not represented by a union.

For the third time in 22 years, the National Labor Relations Board changed its mind on whether employers must accede to requests from non-union employees to have co-workers present for investigatory interviews. As recently held in IBM Corp., 341 NLRB No. 148 (2004), the current view is that employers need not accede to such requests, though they may not retaliate against employees for asking.

The National Labor Relations Act (the "Act") generally excludes "supervisors" from its protection. After the Supreme Court's 2001 decision in NLRB v. Kentucky River Community Care, 532 U.S. 706 (finding the National Labor Relations Board's (NLRB) test for determining supervisory status inconsistent with the Act), the NLRB invited interested parties to file briefs in three representation cases addressing the definition of "supervisor."

The National Labor Relations Board (NLRB or Board), the federal administrative agency that oversees the National Labor Relations Act (NLRA), has once again reversed its position on a critical bargaining issue. Several years ago, the Board held that staffing agency employees who shared essential working conditions with the client-employer's regular employees could be included in the same bargaining unit, without either the client-employer's or staffing agency's consent.

NATIONAL LABOR RELATIONS ACT-EMPLOYERS MAY NOT INITIATE DECERTIFICATION: The Sixth Circuit Court of Appeals has h.

In IBM Corp., the National Labor Relations Board ruled that non-union employers may lawfully refuse an employee's request to have a co-worker present during an investigatory interview that the employee reasonably believes could lead to discipline. The Board's ruling is a huge victory for non-union employers.

An increasing number of physicians are seeking to join or form unions. Hospital-based physicians have effectively u.

In Glenmark Associates, Inc. v. NLRB, the Fourth Circuit Court of Appeals (which reviews decisions of federal tria.

Illegal immigrants who are wrongly fired for union organizing are not entitled to back pay, the U.S. Supreme Court ruled.

Employers with unionized workforces are all too familiar with the legal requirements imposed by the National Labor Relations Act ("NLRA"). But non-union employers often are surprised to learn that the NLRA comes into play in non-union worksites as well.

A few years ago, we informed you that the U.S. Court of Appeals for the District of Columbia Circuit and the National Labor Relations Board (Board), the federal agency charged with administrative oversight of the National Labor Relations Act (NLRA), had ruled that non-unionized employees, like their unionized counterparts, are entitled to co-worker representation during investigatory interviews they believe might result in discipline. This legal entitlement is commonly referred to as Weingarten rights.

Flip-flopping once again, the National Labor Relations Board (Board) has reversed its precedent and decided that j.

I. INTRODUCTION Today, only about 5 percent of the nation's physicians are union members, but the storm of chan.

Employee handbooks are now the preferred method of communicating company information and distributing policies req.

This article discusses how employer participation programs are regulated and what risks, if any, they posed to the administering employer.

On June 9, 2004, the National Labor Relations Board ("NLRB") in IBM Corp., 341 NLRB No. 148, overruled its Epilepsy Foundation decision, which had granted non-union employees the right to be represented by a co-worker at an investigatory interview that could result in disciplinary action. Prior to the Epilepsy Foundation decision issued in 2000, the Board limited the right to representation at investigatory interviews to union-represented employees.

In a decision that appears to break from at least the spirit, if not the letter, of established federal labor law, .

This article reviews four NLRB decisions that overruled long-standing case precedents.

The U.S. Court of Appeals for the District of Columbia Circuit recently held that employees in non-union workplaces have Weingarten rights to request a co-worker's presence during a disciplinary interview.

In a July 10 decision, the National Labor Relations Board (the Board) ruled that nonunion employees are entitled to.

In a decision which overturns some 20 years of legal precedent, the National Labor Relations Board just ruled that.

Further extending the concept of mandatory subjects of collective bargaining, the National Labor Relations Board (".

This article summarizes a National Labor Relations Board decision that ruled that nonunion employees are entitled to have a co-worker present when summoned by the employer for an investigatory interview.

The National Labor Relations Board answered "yes" to this question in Timekeeping Systems, Inc., a recent decision.

This article reviews a decision by the National Labor Relations Board that held unpaid staff are not considered employees under the National Labor Relations Act.

This newsletter contain several articles that concern current and future issues surrounding the field of employment law.

This article summarizes recent NRLB decisions.

Temporary agency employees will no longer be included as part of a user employer's regular bargaining unit without both employers' consent.

More of your employees may be supervisors than you might think and they may be supervisors in ways which might surprise you.

In a recent trend that should concern both union and non-union employers alike, unions have been extremely active in challenging the legality of seemingly innocuous language commonly found in employee handbooks.

The federal appellate court with jurisdiction in Pennsylvania recently affirmed a National Labor Relations Board.

The National Labor Relations Board's decisional bargaining doctrine, as it has evolved over the years, requires employers to bargain over the decision to transfer work out of the bargaining unit-such as through subcontracting or assigning the work to other plants-if it is theoretically possible that the union could make concessions sufficient to offset the economic benefits of the transfer. In applying this doctrine to employers who transfer work during the term of a collective bargaining agreement, the NLRB contravenes the plain language of Section 8(d) of the National Labor Relations Act (NLRA) by requiring employers to afford unions the opportunity to offer concessions, even where the necessary concessions could only be made by modifying provisions in a current collective bargaining agreement.

The NLRA protects employees' right to engage in 'concerted activities' for self-organization or for 'mutal aid or protection.' Several recent cases confirm that even employees who are not representd by a union or involved in any union activity are protected by the NLRB. Employers should be certain they maintain written evidence of compliance with all labor and employment laws.

Employers found by the National Labor Relations Board (NLRB) to have violated the National Labor Relations Act (NLRA) can be subject to penalties. Portions of the NLRA that spell out violations, and result in unfair labor-practice charges, include: 1) Section 8 (a)(1) restricts employers from interfering with, coercing or restraining any employees in their rights to organize a union or bargain collectively with employers. When an employer has been found to have committed a violation in this area, the NLRB will issue a cease and desist order.

Published in March, 1999 edition of The PEO Insider, The official publication of the National Association .

This article highlights only a few of the many NLRA rights that may challenge non-union employers.

This alert discusses a recent National Labor Relations Board's opinion which extended to a non-union employee the right to "representation" in investigative interviews.

The Sixth Circuit U.S. Court of Appeals recently softened the blow of the U.S. Supreme Court's decision that paid.

Reversing its prior decisions, the National Labor Relations Board (Board) recently decided that an employee in a n.

According to the National Labor Relations Board (NLRB), all employees now have the right to have a co-worker of their choosing present at any meeting which might result in disciplinary action. Unionized employees have long had the right to have a union representative attend such meetings.

Among the tools unions utilize in their campaigns to organize workers is the posting of pro-union materials on an employer’s bulletin boards. A recent decision by the Seventh Circuit Court of Appeals, however, grants employers more flexibility in their enforcement of no-posting rules.