The National Labor Relations Board (NLRB), in agreeing with an administrative law judge’s (ALJ) April 2013 ruling, has held that suspending and discharging a union member for refusing a drug and alcohol test after the employee demanded union representation is a direct violation of the National Labor Relations Act (NLRA).
Can sandwich shop employees be protected from discipline even though they suggest to the public that sandwiches may be contaminated by sick workers? Yes, said the NLRB The decision affirms a continuing trend of cases that are significantly pro-employee.
Following a trend that has developed over the last several years, the National Labor Relations Board (the “Board”) recently found that the termination of a Starbucks employee violated the National Labor Relations Act (the “NLRA” or the “Act”), even though the employee had engaged in extremely offensive, obscenity-filled conduct in the presence of customers. During… Continue Reading
Readers of our series of posts on D.R. Horton will recall our prediction that the National Labor Relations Board (NLRB or the Board) would continue its attacks on certain arbitration agreements. As predicted, the NLRB’s administrative law judges (ALJ) continue to strike down any arbitration agreements that waive class or collective action claims and allow… Continue Reading
In a split decision, the Fifth Circuit Court of Appeals has rejected the view of the National Labor Relations Board (the Board). According to the Court’s majority opinion, an arbitration agreement that requires employees to arbitrate all employment disputes but restricts the arbitration proceedings to individual arbitrations only (i.e., not allowing class or collective arbitrations)… Continue Reading
On May 7, the U.S. Court of Appeals for the District of Columbia struck down the NLRB’s 2011 rule requiring businesses to post notice of employee rights under the National Labor Relations Act. The court found that the rule violated the constitutional right to free speech. The one-sided NLRB rule requires employers to post a… Continue Reading
In a recent decision involving The Boeing Company1, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) found that Boeing violated the National Labor Relations Act (NLRA) when the Human Resources manager at its North Charleston, South Carolina plant, told an employee that he could not “talk about or solicit” for the… Continue Reading
The National Labor Relations Board (NLRB, “the Board”) is at it again. In a recent ruling, the Board found an employer’s routine “courtesy” policy violated its employees’ Section 7 rights. Time will tell whether a federal court will agree with the Board and enforce its decision, but employers should take note of the current regulatory… Continue Reading
As a matter of federal law, employers can require employees to agree to arbitrate any employment dispute. But, can that arbitration agreement force an employee to arbitrate only individual claims, not class (or collective) claims? Recently, the National Labor Relations Board said NO. Click here for the Board’s ruling. This ruling appears at odds with… Continue Reading
The NLRB has postponed by three months the effective date for its notice-posting rule at the request of a federal court overseeing a legal challenge to the regulation from business groups. The new effective date is April 30, 2012. The rule requires businesses to post notices apprising workers of their right to unionize. Click here for… Continue Reading
According to the National Labor Relations Board (NLRB), a Union engages in objectionable conduct if, during a union campaign drive to represent workers, the union finances a lawsuit seeking to recover overtime pay for the same employees being recruited to vote for the union. This decision is important for two reasons: Employers facing an overtime… Continue Reading
On August 25, 2011, the National Labor Relations Board issued a Final Rule which requires most private sector employers to post a notice informing employees of their rights under the National Labor Relations Act. Click here for a copy of the Final Rule. Employers will be required to post a Notice which can be found… Continue Reading
The NLRB’s Division of Advice recently issued memoranda in several different cases, showing that not all activity by employees on social media sites constitute protected activity. These reports show that the Labor Board, like many employers, struggle with what is “protected concerted activity” – and thus protected from any employer discipline – and what are… Continue Reading