Category Archives: NLRB

NLRB Continues to Expand Definition of Concerted Activity

The National Labor Relations Act prohibits employers from constricting protected concerted activity by their employees. The NLRB website states that “concerted activity” is when two or more employees take action for their mutual aid or protection regarding terms and conditions … Continue reading

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NLRB Holds Employer’s Distribution and Solicitation Policy Violates the National Labor Relations Act

In its latest decision aimed at scrutinizing employers’ workplace rules, the National Labor Relations Board found the distribution and solicitation policy of one employer unlawfully restricted employees Section 7 rights to unionize free from employer interference. In Mercedes-Benz U.S. International, … Continue reading

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President Obama Signs Fair Pay and Safe Workplaces Executive Order

Last week, President Obama signed the “Fair Pay and Safe Workplaces Executive Order,” which requires prospective federal contractors seeking contracts over $500,000 to disclose any labor and employment law violations within the past three years including any violations of federal … Continue reading

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Back to Square One at the NLRB

The National Labor Relations Board (NLRB) is left wondering what is going to happen after the Supreme Court invalidated three appointments by President Obama. On January 4, 2012, President Obama made three NLRB member recess appointments. The United States’ Constitution … Continue reading

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A Whole New Game: College Athletes Are Employees

The National Labor Relations Board (NLRB) has decided that Northwestern University athletes are employees of the University and, as such, are allowed to form a union. The athletes claim they just want a seat at the table to discuss issues. … Continue reading

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United States Supreme Court to Hear Appeal of NLRB Recess Appointment Decision

The United States Supreme Court announced today that it would hear the National Labor Relations Board’s appeal of the D.C. Circuit Court’s ruling that President Obama’s recess appointments to the NLRB were unconstitutional.  As we reported at the end of … Continue reading

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A Triumph for Employers: D.C. Circuit Court of Appeals Strikes Down NLRB Poster Rule

On May 7, 2013, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) invalidated the National Labor Relations Board (“Board”) August 2011 rule requiring all employers subject to the National Labor Relations Act (“NLRA”) to … Continue reading

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The NLRB and Preserving Confidentiality in Workplace Investigations

The National Labor Relations Board’s (NLRB) reach into the non-union workplace has forced employers to consider revising numerous policies.  One of these policies involves confidentiality in workplace investigations.  In Banner Health Systems v. Navarro, the NLRB found that a blanket … Continue reading

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Another NLRB Loss For Employers

Social media has become a thorn in the side of many employers and after viewing unsavory Facebook dialogue by employees, directed at the employer or the employees’ working conditions, employers all too often decide those employees should be fired. Recently, … Continue reading

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NLRB Scrutinizing Non-Disclosure and Non-Disparagement Provisions

It is a common practice for employers to require that employees sign agreements containing non-disclosure and non-disparagement provisions as a condition of employment to protect confidential and proprietary information and to protect the company’s reputation.  Recently, a NLRB Administrative Law … Continue reading

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