The NLRB "Limits" Weingarten Rights In Non-Union Worksites But Significant Traps Remain For Non-Union Employers
Bingham McCutchen LLP
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.
Employment Law Commentary: A New Day in the California Legislature for Labor Legislation: A Governor Who Will Sign the Bills
Lloyd W. Aubry of Morrison & Foerster LLP
This article comments on the effect of Gray Davis' ascendance to the governorship of California on pro-labor legislation.
The Facts On Union Certification By Card Check
Charles S. Caulkins of Fisher & Phillips LLP
Union membership in the United States has been declining for years. Fifty years ago, more than a third of America's workforce (about 35%) belonged to a union. Today, the number of union members is higher, but unions represent less than 8% of American workers in the private sector and just 12.5% of all workers. In an effort to reverse this trend, unions are using new tactics to organize workers.
U.S. Supreme Court Gives Protection to Union Organizers
Daniel R. Wachtler of Briggs & Morgan
In a unanimous decision, the United States Supreme Court ruled that Union Organizers (known as "Salts") may be con.
NLRB Gives Union Partial Victory in Challenge To Employee Handbook
Duff, White & Turner, LLC
Employee handbooks are now the preferred method of communicating company information and distributing policies req.
Employee Participation Programs Put Employers At Risk
John M. Skonberg and Michael Mankes of Littler Mendelson, P.C.
This article discusses how employer participation programs are regulated and what risks, if any, they posed to the administering employer.
NLRB Limits Employer Campaign Speech
Ford & Harrison LLP
In a decision that appears to break from at least the spirit, if not the letter, of established federal labor law, .
U.S. Supreme Court Rules That Nurses Can Be Considered Supervisors
Daniel R. Wachtler of Briggs & Morgan
The Supreme Court recently held, in an important decision for the health care industry, that Licensed Practical N.
Don't Ask, Don't Tell Employment Applications: The Benefits and Risks of Nonresponsive Information Clauses
Dykema Gossett PLLC
Employers have long recognized that inappropriate questions on employment applications can give rise to potential l.
Union Organizing and The Virtual Workplace--Law Alert--Issue 64
Nixon Peabody LLP
This article discusses the unions approach to communicating with the labor force in the age of virtual offices.
Federal Appellate Court Affirms Non-Unionized Employees' Rights to Co-worker Representation During Investigatory Interviews
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
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.
Unionized Employees' Right to Representation During Investigatory Interview is Expanded to Nonunion Employees
Jackson Lewis LLP
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.
NLRB Gives Hospital Managers More Reasons To Worry
Buchanan Ingersoll & Rooney PC
In a decision which overturns some 20 years of legal precedent, the National Labor Relations Board just ruled that.
NLRB Rules That Nonunion Employees Have a Right to Representation in Investigative Interviews (Weingarten rights)
Mark M. Lawson of Elliott, Lawson & Minor P.C.
In a July 10 decision, the National Labor Relations Board (the Board) ruled that nonunion employees are entitled to.
Nonunion Workers Now Have Right to Co-Worker Representation During Investigatory Interviews
Arent Fox LLP
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.
NLRB Rules Employers Must Bargain Over Placement and Use of Hidden Surveillance Cameras
Ford & Harrison LLP
Further extending the concept of mandatory subjects of collective bargaining, the National Labor Relations Board (".
Employment Law Update
This newsletter contain several articles that concern current and future issues surrounding the field of employment law.
NLRB Targets Employee Handbooks
Littler Mendelson, P.C.
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.
Little-Known Facts About the NLRA
D. Albert Brannen and Jennifer B. Sandberg of Fisher & Phillips LLP
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.
NLRB Clarifies Definition Of Supervisor
Rebecca Shapiro Cohen and Henry E. Farber of Davis Wright Tremaine LLP
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."
Employer Penalties for Violating the National Labor Relations Act
Douglas B. M. Ehlke of Ehlke Law Offices
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.
Be Careful What You Wish For: Successorship Liability From a Labor Law Perspective
Daniel J. Bretz of Brady, Hathaway, Brady & Bretz, P.C.
Published in March, 1999 edition of The PEO Insider, The official publication of the National Association .
Application of the National Labor Relations Act to Non-Union Employers
Saalfeld Griggs PC
This article highlights only a few of the many NLRA rights that may challenge non-union employers.
Law Alert: NLRB Extends Representation Rights to Non-Union Employees
Brian S. Clarke of Nexsen Pruet
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.
Labor Relations Alert
Brown Schwartz & Patterson
NATIONAL LABOR RELATIONS ACT-EMPLOYERS MAY NOT INITIATE DECERTIFICATION: The Sixth Circuit Court of Appeals has h.
NLRB Decides Non-Union Employees Enjoy "Weingarten" Right
Donald T. O'Connor of Buchanan Ingersoll & Rooney PC
Reversing its prior decisions, the National Labor Relations Board (Board) recently decided that an employee in a n.
Fourth Circuit Finds That Nurses Were Supervisors Who Could Not Unionize Under the NLRA
Duff, White & Turner, LLC
In Glenmark Associates, Inc. v. NLRB, the Fourth Circuit Court of Appeals (which reviews decisions of federal tria.
Federal Agency Gives Employees New Right
W. Mark Gavre of Parsons Behle & Latimer
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.
Court of Appeals Decision Gives Employers More Latitude in Banning Union Materials -- But Employers Beware
Michael F. Rosenblum and Neil G. Wolf of Wildman, Harrold, Allen & Dixon LLP
Among the tools unions utilize in their campaigns to organize workers is the posting of pro-union materials on an employerÃÂs bulletin boards. A recent decision by the Seventh Circuit Court of Appeals, however, grants employers more flexibility in their enforcement of no-posting rules.