Management’s Workplace Blog – Information and Insights for Employers
While the rest of America was busy celebrating the long Memorial Day weekend, internal turmoil at the NLRB finally resulted in action when, on May 26, NLRB Board Member Terrence Flynn submitted his resignation. The resignation is effective July 24, but Flynn stopped conducting all agency business immediately.
As we discussed on this blog…
“According to Woody Allen, eighty percent of life is just showing up. When it comes to satisfying a quorum requirement, though, showing up is even more important than that. Indeed, it is the only thing that matters – even when the quorum is constituted electronically.”
So begins United States District Court Judge James Boasberg’s opinion…
In Part One of my analysis of the recent case brought by the NLRB challenging various aspects of the Rio Hotel & Casino’s employee handbook, I reviewed two parts of the handbook that the Board found objectionable: a prohibition on off-duty clothing and an off-duty access rule. The ALJ ruled in favor of the Company…
A little-noticed ALJ case recently coming out of Las Vegas gives employers excellent insight into how the NLRB General Counsel views certain employee handbook provisions. The case involved the famous Rio Hotel and Casino – a venue which boasts a couple thousand hotel rooms and, in my opinion, the best buffet in Vegas. Last July,…
Today marks a new day for the National Labor Relations Board, as significant changes to its election procedures officially take effect. All NLRB election petitions filed starting today will be subject to these new rules.
The most significant changes concern the role of a pre-election hearing. Up until now, a pre-election hearing was an opportunity…
BREAKING NEWS!
The United States District Court for the District of South Carolina just struck down the NLRB poster requirement set to go into effect on April 30, 2012. Contrary to the District Court for the District of Columbia ruling, the federal court in South Carolina found that the NLRB exceeded its authority in promulgating…
A few weeks ago, I wrote about an important 10 (j) case in federal court in New York where the Defendant was challenging (1) the constitutionality of Obama’s recess appointments; (2) the Labor Board’s ability to delegate 10 (j) authority to the General Counsel’s office; and (3) if such a delegation survives once the Board’s…
The big news in labor law the past few days has been the NLRB Inspector General report concerning Board member and Republican appointee, Terence Flynn. Corporate Counsel has an excellent story on the report. As of Monday, Flynn was adamant that he would not resign.
It appears that Flynn’s status might come down to a…
The Wall Street Journal has an excellent story about a new “information campaign” planned by the NLRB that will impact non-union employers. The goal is to inform all employees about their legal right to take part in “protected concerted activities.” Indeed, the right to engage in “protected concerted activity” is one aspect of the National…
The United States Court of Appeals for the Seventh Circuit recently handed down a decision on union handbilling that employers should note (Roundy’s Inc. v. NLRB, Nos. 10-3921 & 11-1292).
The case involved a grocery store chain in Wisconin, Pick ‘N Save. The chain was using non-union contractors to remodel some of its locations. This…
