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Category Archives: NLRB

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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


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