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Category Archives: NLRB

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Do You Take Profanity With Your Coffee? The NLRB Says You Should

Posted in NLRB

Earlier this week the National Labor Relations Board issued a decision finding Starbucks violated the National Labor Relations Act when it terminated an employee who uttered profanities at a Starbucks manager in the presence of customers.  This was the employee’s second profanity (and presumably espresso) fueled tirade directed toward a Starbucks manager at the Manhattan… Continue Reading

EXPANSION OF NLRB’S JOINT EMPLOYER DOCTRINE

Posted in NLRB

On May 12th the NLRB issued a Notice And Invitation To File Briefs regarding a potential modification to the Board’s current joint employer standard as articulated in TLI, Inc., 271 NLRB 798 (1984), that, by itself, raises concerns regarding an expansion of such issues in the labor area, but one issue in particular.  For many… Continue Reading

NLRB Update on E-Mail Policies

Posted in NLRB

On May 1st the NLRB issued, through its Office of Public Affairs, notice that it was inviting briefs on employees use of electronic communication systems, i.e., e-mail, in light of the recent decision by the Administrative Law Judge in Purple Communications, Inc. in which the ALJ dismissed allegations that the employer violated the NLRA by… Continue Reading

Northwestern University – The NLRB Should Have Passed

Posted in NLRB, Uncategorized

The Regional Director for the Chicago office of the NLRB issued a decision this week finding that football players receiving scholarships at Northwestern University constituted an appropriate unit for purposes of collective bargaining under the NLRA.  From my perspective, the decision is flawed in many ways, most importantly from a public policy standpoint.  But even… Continue Reading

What E-Mail Policy?

Posted in Board Decisions, Uncategorized

On March 12, 2014 a three-person panel of the NLRB issued a rather scathing decision with respect to the named employer’s attempted enforcement of their e-mail policy.  The employer involved, the California Institute of Technology Jet Propulsion Laboratory, employed approximately 5000 individuals at the site in question.  As a result of new federal regulations, per… Continue Reading

NLRB Backs Down From Notice Posting Rule

Posted in NLRB

The NLRB officially announced, earlier this month, that it was not going to seek Supreme Court review of two U.S. Court of Appeals’ decisions invalidating the NLRB’s Notice Posting Rule, which would require most private sector employers to post a notice of employee rights in the workplace.  The Board’s Office of Public Affairs issued a… Continue Reading

Senate Confirms Griffin as New NLRB General Counsel

Posted in NLRB

A divided U.S. Senate confirmed President Obama’s nomination of Richard Griffin, Jr., to serve as the NLRB’s General Counsel, positioning the former union lawyer with the power to decide when to investigate and prosecute companies charged with unfair labor practices. The Senate approved Griffin mainly along party lines by a vote of 55-44, highlighting the… Continue Reading