By Attorney Kristofor Hanson In its August 25, 2023, decision, the National Labor Relations Board (“NLRB” or “Board”) paved the way for a union to represent employees without a formal vote. Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130. The case involved Cemex, a multinational construction materials company, and the Teamsters, who were seeking […]
By: Kristofor L. Hanson and Alexandra (Sasha) Chepov On August 2, 2023, the National Labor Relations Board adopted a new standard for analyzing the legality of facially neutral work rules that do not expressly restrict employees’ rights to engage in protected concerted activity under Section 7 of the National Labor Relations Act (“NLRA”). In Stericycle […]
By Kristofor L. Hanson On May 1, 2023, the National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. In Lion Elastomers LLC II, 372 NLRB No. 83, the Board overruled its decision in General Motors, 369 NLRB No. 127 (2020) and reverted to its […]
By Kristofor L. Hanson Continuing a very aggressive employee- and union-friendly agenda, on May 30, 2023, NLRB General Counsel Jennifer Abruzzo sent a memo, GC 23-08, to all Regional Directors, Officers-in-Charge, and Resident Officers, setting forth her view that the offer, maintenance, and enforcement of non-compete provisions in employment contracts and severance agreements violate the […]
February 23, 2023 By: Alexandra (Sasha) Chepov and Oyvind Wistrom The National Labor Relations Board (NLRB) issued a landmark decision on Tuesday affecting the validity of various provisions typically found in employee severance agreements. The NLRB in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) ruled that an employer violates Section 8(a)(1) of the […]
By: Kristofor L. Hanson In a 3-2 ruling by the five-member National Labor Relations Board, employers must now continue to deduct union dues – otherwise known as dues checkoff – from workers’ paychecks even after collective bargaining agreements containing such provisions expire. Valley Hospital Medical Center, Inc., N.L.R.B., Case 28-CA-213783 (Sept. 30, 2022). This ruling […]
September 7, 2022 By: David Keating On September 6, 2022, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking as to the legal standard for determining joint-employer status under the National Labor Relations Act (NLRA). Under the current analysis of joint-employer status established by the NLRB during the Trump administration in 2020, […]
By: Kristofor Hanson In a new memorandum published today, National Labor Relations Board (the “Board”) General Counsel, Jennifer Abruzzo, stated aloud what many had thought would be a goal of the newly appointed chief lawyer for the agency, challenging an employer’s ability to require employees to attend meetings during a union organizing campaign. In so […]
By: David Keating Within two days of taking office, President Biden fired National Labor Relations Board (“Board”) General Counsel Peter Robb, Robb’s Deputy General Counsel Alice Stock, and named Member Lauren McFerran, the only Democratic member of the Board, as its Chairman. These unprecedented firings have resulted in great scrutiny of the new administration from […]
By: David C. Keating The National Labor Relations Board (“Board”) continues to restore employer rights under the Trump administration. Within the last week, two decisions have been handed down by the Board overturning prior Obama administration decisions. Employer’s Right to Restrict E-mail Use In a decision dated December 16, 2019, the Board reestablished the right […]