Be Careful With "Do Not Discuss" Policies: They May Not Be Legal.
Paula A. Barran of Barran Liebman LLP
The National Labor Relations Board (NLRB) issued a ruling on January 6, 2000 that ought to have employers .
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.
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.
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.
Labor Board Reverses Field on Non-Union Disciplinary Interviews
James E. Boddy of Morrison & Foerster LLP
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.Ã 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.
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."
Labor Relations Alert
Brown Schwartz & Patterson
NATIONAL LABOR RELATIONS ACT-EMPLOYERS MAY NOT INITIATE DECERTIFICATION: The Sixth Circuit Court of Appeals has h.
Non-Union Employers Regain the Right to Conduct Investigatory Interviews Without a Co-Worker Present
Fredrick G. Lautz of Quarles & Brady LLP
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.
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.
Illegal Aliens Can't Recover Backpay for ULP's
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
Illegal immigrants who are wrongly fired for union organizing are not entitled to back pay, the U.S. Supreme Court ruled.
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.
Non-Unionized Employees do not have Weingarten Rights
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
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.
Striker Replacements: The Law, The Myths, The Realities
Recent debate in the Congress about proposed legislation to prohibit the use of permanent replacements to fill va.
NLRB Rules That Weingarten Rights No Longer Apply to Non-Union Workforces
G. Mark Jodon of Littler Mendelson, P.C.
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.
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.
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.
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.
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 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 (".
Can Sending an E-mail Be Considered "Concerted Activity" Protected by Federal Labor Law?
Duff, White & Turner, LLC
The National Labor Relations Board answered "yes" to this question in Timekeeping Systems, Inc., a recent decision.
Unpaid Staff Are Not Employees Under the NLRA
Nixon Peabody LLP
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.
Employment Law Update
This newsletter contain several articles that concern current and future issues surrounding the field of employment law.
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.
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.
No-Moonlighting Policy Can Protect Employers From Union Salts
Thomas M. Winn of Woods Rogers PLC
The Sixth Circuit U.S. Court of Appeals recently softened the blow of the U.S. Supreme Court's decision that paid.
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.
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.