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…
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In a recent memorandum – which is not binding precedent of the NLRB and only an explanation of the General Counsel’s prosecutorial priorities – Abruzzo…
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…
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’…
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…
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…
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…
For a second time in recent weeks, the National Labor Relations Board has chosen to bolster unions’ rights at employers’ expense. On September 30, 2022, in Valley Hospital Medical Center, Inc., 371 NLRB No. 160 (2022), a divided Board ruled that a “dues checkoff” provision in a collective bargaining agreement survives the expiration of that…
The National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence of “special circumstances” justifying the restrictions. The Board’s decision throws into doubt the legality of employer uniform and dress code policies among employers large and…
A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act (NLRA) by prohibiting an employee from marking his uniform with “BLM” insignia. The ALJ’s June 10, 2022, decision is a temporary…
