A day after President Biden announced his COVID-19 Action Plan (which we discussed here), leaders from the Occupational Safety and Health Administration held a short briefing to discuss its forthcoming Emergency Temporary Standard that will require employers with 100+ employees to (1) mandate vaccinations or weekly testing, and (2) provide paid vaccination leave. The President’s announcement regarding these requirements was sorely lacking in details, but the OSHA briefing provided a few (not many) useful tidbits for nervously wondering employers. (Be aware, however, that the ETS is not yet written, and it is possible that some of what they said today might not end up being accurate….)
Continue Reading A Few More Answers from OSHA on the Impending Vaccination ETS…
D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees
A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S. Court of Appeals for the D.C. Circuit.
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NLRB Hearing Officer Recommends Second Union Election at Amazon – But Will It Happen?
A National Labor Relations Board (NLRB) hearing officer recently recommended that the union election at an Alabama Amazon warehouse be run a second time. The hearing officer, an employee of a NLRB Regional Office, sided with the Retail, Wholesale and Department Store Union (RWDSU) that Amazon’s actions interfered with a fair election. Specifically, the hearing officer found that Amazon’s installation of an unmarked mailbox as a ballot drop-site that was within the view of company surveillance cameras, hiring of private police, threatening of employees, and changing county traffic lights (come on, how many companies have the pull to get county traffic lights changed?) to impede RWDSU access to voters amounted to objectionable conduct.
Continue Reading NLRB Hearing Officer Recommends Second Union Election at Amazon – But Will It Happen?
New NLRB General Counsel Signals Major Changes Ahead
On August 12, 2021, the recently confirmed General Counsel (GC) of the National Labor Relations Board, Jennifer Abruzzo, issued her first official memo. Per an NLRB press release, GC Memo 21-04 “lays out a clear agenda…on some priorities of the Office of the General Counsel.” The memo directs NLRB field offices to submit cases addressing issues identified in the memo to the Regional Advice Branch of the Office of the General Counsel. Typically, such submissions are the first step on the path to overturning existing case law that a sitting GC seeks to change.
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Here’s What Not to Do When Faced With Union Organizing Activity
One of the many services we provide to our clients is training on how to respond effectively to union organizing activity. In short, we provide the do’s and don’ts of how to respond lawfully to a union’s efforts to organize an employer’s workforce. During these trainings, we often stress the fine line dividing lawful and unlawful statements and conduct.
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NLRB Delivers A “Holiday Gift” To Employers: New Union Election Timelines
NLRB Delivers A “Holiday Gift” To Employers: New Union Election Timelines
On December 13, 2019, the National Labor Relations Board (NLRB) issued a final rule revising the Obama-era union election procedures (known as “R-Case” rules). The revision to the procedures will become effective 120 days from its publication in the Federal Register next week.
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Ride for Respect: Intermittent “Hit and Run” Strike or Presumptively Protected Work Stoppage?
In May of 2013, some Walmart employees boarded buses bound for Bentonville, Arkansas to attend the Company’s annual shareholders meeting. The buses formed a caravan, picking up employees at Walmart locations on the way. The employees handed strike letters to their managers before departing.
The caravan was dubbed the “Ride for Respect.” It was organized by OUR Walmart, a group formed with the assistance of the United Food and Commercial Worker Union (UFCW). Once in Bentonville, the employees held demonstrations, attended the shareholder meeting, and engaged in other activities to publicize their grievances.
Continue Reading Ride for Respect: Intermittent “Hit and Run” Strike or Presumptively Protected Work Stoppage?
Arbitration Agreement May Not Restrict Access to NLRB Processes
In a rare unanimous decision, on a closely-watched issue, from all four sitting members of an ideologically-divided National Labor Relations Board, the Board ruled that an employer’s arbitration agreement unlawfully restricted employee access to the Board and its processes.
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Extraordinary Employee Misconduct: High-Speed Highway Harassment
Here’s another in my sometimes series of crazy things that employees (and, in this case, the National Labor Relations Board) do. Although the Board initially thought that employees playing driving games at highway speeds was protected activity (?!!), it has (fortunately for the rest of us drivers) rethought that position after being slapped down by the U.S. Court of Appeals for the D.C. Circuit.
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Does Holding Unions Accountable Help Employers?
The General Counsel (GC) of the National Labor Relations Board issued a memo on October 24, 2018 that focused on the unions’ duty of fair representation to their bargaining unit members. Numerous commentators, including management-side attorneys (as I am), trumpeted the fact that the Board is holding unions accountable. There seemed to be a feeling that, after years of employers being attacked by a left-leaning Board, the playing field is being re-leveled. But, as my partner Mike McGuire pointed out, is this really good for employers?
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