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Category Archives: NLRB

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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

Union Organizing Via Email

Posted in Board Decisions, NLRB, Uncategorized

Before the advent of the digital age, when there was an organizing campaign afoot, most employers would be told by their legal counsel to put their rolodex under lock and key, and to review their standard no solicitation/no distribution policies in an effort to slow down organizing attempts in their workplace.  Obviously much of this… Continue Reading

Joint Employer Part Deux

Posted in NLRB, Uncategorized

The recent decision of the General Counsel of the NLRB to expand ULP liability to McDonalds, under a joint employer theory, should not come as a surprise to anyone.  As some may recall, the NLRB recently requested briefing on the issue of joint employer status in the organizing context as previously noted by this blog. … Continue Reading


Posted in NLRB, Uncategorized

After reviewing the most recent decisions by the NLRB with respect to the retail industry and the application of Specialty Healthcare to that industry, all I can say is – thank you Harry.  Specialty Healthcare reversed many long standing principles of what is an appropriate bargaining unit.  Fundamentally, the decision should turn on what is best in… Continue Reading

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