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Category Archives: NLRB

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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

Sixth Circuit Reins in NLRB’s Ability to Sanction Company for Using the Legal Process

Posted in NLRB

Over the years the NLRB has, in essence, put a “choke-hold” on employers’ efforts to bring claims against labor organizations in the courts, especially if the grounds for the litigation are novel in nature.  The Supreme Court restricted the NLRB’s efforts in this area in 2002 with its decision of BE&K Construction Company v. NLRB,… Continue Reading

Controversial NLRB GC Nominee Passes First Hurdle

Posted in NLRB

Members of the Senate Committee on Health, Education, Labor and Pensions (“HELP”) approved the nomination of Richard Griffin, Jr. to serve as General Counsel of the NLRB by a 13-9 vote.  Griffin’s nomination will now proceed before the full senate for what is expected to be a contentious vote. Griffin was in the headlines last year… Continue Reading