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Category Archives: NLRB

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No Purple Communications Exception Applied to Healthcare Providers

Posted in Board Decisions, NLRB, Uncategorized

In an August 27, 2015 decision, a majority of the Board found that the Purple Communications standard, with respect to an employer’s email system, would apply without exception to healthcare providers and, in particular, for acute care hospitals. Contrary to the cogent arguments put forth by member Johnson in his dissent, the majority found that… Continue Reading

More Changes by the NLRB . . . Joint Employer and Dues Check-Off Doctrines . . . Why?

Posted in Board Decisions, NLRB, Uncategorized

The NLRB continues to overrule long-standing case law in key areas. Last week, in particular, two major determinations of the NLRB issued which will no doubt be tested before the courts of appeal. One, involving the Joint Employer Doctrine for which this Firm issued a client alert, can be reviewed here; the second, involved Dues… Continue Reading

Another Double Standard Established By The NLRB

Posted in Board Decisions, NLRB

On June 26, 2015 the Board issued a decision in American Baptist Homes of the West d/b/a Piedmont Gardens in which it overruled precedent that has been in place since 1978 which had exempt witness statements from disclosure under the request for information guidelines per Section 8(a)5 of the Act. Notwithstanding strong public policy to… Continue Reading

Right to Work Translated to Right to Pay

Posted in NLRB, Unions

With the recent change in events whereby, state by state, legislation is being passed to implement right to work laws, labor unions are responding by promoting, through the NLRB, a “fair share policy” requiring non-member bargaining unit employees pay a grievance processing fee. Indeed, the NLRB has issued a Notice and Invitation To File Briefs… Continue Reading

No Good Deed…

Posted in NLRB

As many of you know, there has been a rash of data breaches with various entities in recent years with the Post Service being among those impacted. An interesting twist of this whole drama is the fact that when the breach took place with respect to the Postal Service, they acted quickly, in an attempt… Continue Reading

More Micro Management by the NLRB

Posted in GC Memos, NLRB

The General Counsel of the National Labor Relations Board (“NLRB”) recently issued a 30 page report summarizing its position on employer work rules (such as, most commonly, employee handbooks) and providing examples of what does and does not have a “chilling effect” on possible concerted (i.e., potential union) activity as defined by Section 7 of… Continue Reading

Search First, Ask Questions Later

Posted in Advice Memos, NLRB

A recent Advice Memorandum from the NLRB’s Office of the General Counsel suggests that a worker’s right to Union representation during an investigatory interview attaches to a search conducted in conjunction with such an interview only if the worker knows about the search. In this case, Southwestern Bell Telephone Company interviewed an employee as part… Continue Reading

Don’t Fix It If It’s Not Broken

Posted in NLRB

Well once again the NLRB is attempting to change the rules of the game when it comes to union organizing.  They recently announced new regulations in the election process which is already subject to litigation in the courts through various employer associations.  The current administration, with assistance from the various trade unions, has stated over… Continue Reading