In this episode, we take an in-depth look at what an unfair labor practice is, why non-union employers need to be wary of these federal law violations, and how to avoid running afoul of the National Labor Relations Act (NLRA). We will also discuss National Labor Relations Board (Board) General Counsel Jennifer Abruzzo’s recent guidance
Kat Pearlstone
Clients look to Kat for answers when catastrophe strikes. An assertive advocate, Kat represents clients in a variety of matters, including discrimination and retaliation claims, wage and hour disputes, and other employment-related conflicts.
NLRB Decision to Reconsider Johnnie’s Poultry Doctrine Remains Pending
Earlier this spring, in a 3-1 vote, the Board issued a notice and solicited briefs on whether to reconsider Johnnie’s Poultry doctrine (doctrine), which was established in the 1964 Board decision, Johnnie’s Poultry Co. The doctrine balances the legitimate need of the employer to question employees as part of its investigation of facts and preparation of its defense for the litigation of unfair labor charges in administrative hearings against the employees’ right to engage in protected activity or otherwise exercise their statutory rights under section 7 of the National Labor Relations Act (Act). To minimize the risk of coercive behavior levied against employees during the interviews, the doctrine establishes safeguards that limit the scope and manner of employers’ interviews with employees. Chair McFerran, the sole Democrat on the Board, opposes reconsideration of the doctrine and dissented from the notice.
The Biden Administration: Expected Changes at the NLRB, Part II
In episode 2 of the Labor Law Insider podcast, Husch Blackwell Attorneys Tom Godar, Rufino Gaytán, and Kat Pearlstone discuss the impacts of the impending policy shift on employer policies and workplace rules regarding:
- Employee access to IT systems for nonwork-related communications;
- Facially neutral workplace rules that negatively impact protected concerted activity;
- Confidentiality obligations during
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Confidentiality and No-Participation Provisions in Voluntary Severance Agreements Lawful
On March 16, 2020, the Board issued its decision in Baylor University Medical Center and Dora S. Camacho reversing the 2018 ALJ decision and holding that Confidentiality and No Participation in Third-Party Claim provisions in a voluntary severance agreement are lawful. The decision overrules Clark Distribution System, Shamrock Foods Co., and Metro Networks to the extent the holdings extend beyond their fact patterns involving employees who were unlawfully dismissed for exercising their rights under the National Labor Relations Act (Act).
New Rulemaking at NLRB Focuses on Three Discretionary Bars to Representation Election Petitions
In a notice of proposed rulemaking and request for comments published on August 12, 2019, the NLRB exercised its discretionary rulemaking authority to propose changes to three discretionary election bar policies:
- The blocking charge policy,
- The voluntary election bar policy, and
- For the construction industry only, the contract bar policy.
These policies currently bar, for…