Most employers are aware that the President appoints the five members of the National Labor Relations Board with the advice and consent of the Senate and that, by law and tradition, a majority of the Board’s Members are from the President’s political party. As we saw in 2021, following his victory in the 2020 election,
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UAW Wins Big at VW; Now What?
The United Auto Workers won a potentially momentum-shifting organizing victory last week. In a secret ballot election conducted by the NLRB at a Chattanooga, Tennessee Volkswagen plant, nearly 75% of the putative bargaining unit of 4,000+ workers voted to be represented by the UAW. The union had failed twice before, most recently a narrow defeat…
NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote
In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They can now vote on whether to form a union. This case may have drastic consequences on athletics in higher education,…
U.S. Supreme Court Makes It Easier to Sue Unions for Property Destruction
The U.S. Supreme Court recently decided in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, No. 21-1449 (June 1, 2023), that the National Labor Relations Act (NLRA) does not prohibit certain claims against unions related to property damages caused during strikes.
While recognizing that the NLRA protects employees’ right to…
NLRB General Counsel on Non-Competes: Most Violate the NLRA, Should Be Avoided
Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), has called for non-compete agreements to be curtailed on a nationwide basis for a large swath of employees.
In a recent memorandum – which is not binding precedent of the NLRB and only an explanation of the General Counsel’s prosecutorial priorities – Abruzzo…
NLRB Limits Employers’ Ability to Discipline Employees for Abusive Conduct
The National Labor Relations Board issued a decision in Lion Elastomers LLC II on May 1, 2023, reversing General Motors LLC, 369 NLRB No. 127 (2020) and changing the standards related to discipline or discharge of workers who are offensive, abusive, or even discriminatory towards their supervisors or managers during their otherwise protected concerted activity…
NLRB Says No to Confidentiality, Nondisparagement Provisions in Severance Agreements
The National Labor Relations Board issued another ground-breaking decision on February 21, 2023, ruling that confidentiality and nondisparagement agreements commonly included in employment severance agreements may be deemed unlawful under the National Labor Relations Act (NLRA). In McLaren Macomb, 372 NLRB No. 58 (2023), a divided Board found that these provisions were unlawful infringements upon employees’…
NLRB Paves the Way for Unions to Block Decertification Petitions
By Joel White
The National Labor Relations Board has issued a notice of proposed rulemaking that could make it more difficult for employees to end union representation at their workplace. Issued on Nov. 3, 2022, the Board’s proposed rule, which is ironically called the “Fair Choice and Employee Voice” rule, would turn the proverbial clocks back to before…
NLRB to Presume that Electronic Monitoring is Unlawful?
By Joel White
The National Labor Relations Board’s General Counsel recently stated her intention to target employers’ use of electronic monitoring technology and other surveillance equipment as a violation of the National Labor Relations Act. In GC Memorandum 23-02, General Counsel Jennifer A. Abruzzo stated that she would “urge the Board to apply the Act to protect…
Employers Watch Warily as Case Filings at NLRB Soar
While commentators debate whether or not the economy is in a recession, one area where business is booming is at the National Labor Relations Board, which recently announced a significant increase in case filings for the fiscal year ended September 30, 2022 (FY 2022).
The headline number is a 53% increase in union representation petition…