By: Daniel Finerty On August 27, 2015, the National Labor Relations Board (Board) invalidated an employer’s confidentiality policy that was in place to maintain the integrity of its internal investigations. The Board determined both the original and revised confidentiality policies used by the Boeing Company unlawfully restrained employee rights to discuss the terms and conditions […]
Category Archives: NLRB
Registration is now open for our Annual Compliance/Best Practices Seminar!
Registration and a continental breakfast will be served beginning at 7:30 a.m. Click here to register. April 28, 2015 8:00 a.m. – 12:00 p.m. Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road Brookfield, Wisconsin This FREE half-day event will address current topics in labor, employment, benefits and worker’s compensation law and provide employers across industries with practical […]
Save the Date!
Please mark your calendar for Lindner & Marsack, S.C.’s Annual Compliance/Best Practices Seminar When: April 28, 2015 Time: 8:00 a.m. – 12:00 p.m. Where: Sheraton Milwaukee Brookfield Hotel – 375 South Moorland Road, Brookfield, Wisconsin This FREE half-day event will address current topics in labor, employment, benefits & worker’s compensation law and provide employers across […]
WHY NOEL CANNING MATTERS
By: Thomas W. Mackenzie Last Thursday’s decision by the U.S. Supreme Court invalidating three of President Barack Obama’s recess appointments to the National Labor Relations Board throws into question hundreds of Board decisions issued between the recess appointments made in January, 2012 and July, 2013 when the current five member Board was lawfully confirmed by […]
THE UAW FILES OBJECTIONS TO THE ELECTION OUTCOME AT VW CHATTANOOGA
By: Jonathan T. Swain By now, most interested persons are aware that on February 14, 2014, the UAW suffered an unprecedented and largely unforeseen defeat at the hands of a majority of employees at the Volkswagen plant in Chattanooga, Tennessee. The NLRB supervised the secret ballot election which the union lost by a margin of […]
THE NLRB PROPOSES NEW “AMBUSH” ELECTION PROCEDURES
By: Jonathan T. Swain On February 5, 2014, the National Labor Relations Board (NLRB) announced its intention to reintroduce its proposed revised union election rules which are designed to substantially shorten the time from petition to election. These rules, originally proposed in June of 2011, were invalidated by the federal courts in the Spring of […]
D.C. CIRCUIT INVALIDATES NLRB POSTING RULE
By: Thomas W. Mackenzie The Court of Appeals for the District of Columbia issued a decision on May 7, 2013 which invalidated a rule issued by the National Labor Relations Board (NLRB) requiring employers to notify workers of a right to unionize. The rule was originally promulgated in 2011, but was never implemented. The NLRB […]
FEDERAL COURT OF APPEALS DECISION MAY VOID ALL NLRB DECISIONS ISSUED AFTER JANUARY 4, 2012 DUE TO THE LACK OF QUORUM
By: Daniel Finerty After President Obama’s re-election, many employers assumed they would be faced with an aggressive and re-invigorated National Labor Relations Board (“Board”). However, last Friday’s decision from the District of Columbia Court of Appeals may slow the Board, at least in the short term. Noel Canning Div. of Noel Corp. v. National Labor […]
THE NATIONAL LABOR RELATONS BOARD ISSUES DECISIONS CONFIRMING ITS SOCIAL MEDIA DOCTRINE
By: Jonathan T. Swain and Daniel Finerty Despite the General Counsel’s issuance of three (3) separate memoranda regarding its social media cases, the National Labor Relations Board (Board) itself had not ruled on a case dealing with the issue. However, that changed on September 7, 2012 and again September 28, 2012, when the Board invalidated […]
RECENT TRIALS AND TRIBULATIONS AT THE NATIONAL LABOR RELATIONS BOARD
By: Daniel Finerty and John Murray Conventional wisdom dictates that an election year typically leads to a rulemaking slowdown among the federal agencies that regulate the workplace. However, in the last few months, the National Labor Relations Board has challenged that conventional wisdom by seeking to implement two new mandates on employers as well and […]