The Supreme Court this week heard oral arguments regarding the Mulhall case which was not your run-of-the-mill issue in the area of labor disputes. In fact, the focus was just the opposite of a dispute: agreements whereby unions and employers agreed to terms under which a union would be able to organize an employer’s employees.
Court Cases & Legislation
NLRA Trumps Private Property Rights
By Terry Potter on
Posted in National Labor Relations Act
On April 23, in Caterpillar Inc. v. NLRB, the Board found that the employer had violated Section 8(a)(1) and (5) of the Act by refusing a non-employee union representative access to the facility to conduct a health and safety inspection after a fatal accident. In access case situations, the Board has historically reviewed the…
Why Can’t We All Play Nice? Obama’s Recess Appointments Struck Down
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On January 25, 2013, the D.C. Circuit Court invalidated President Obama’s three appointments to the National Labor Relations Board. The decision in Canning v. NLRB not only calls into question the “recess appointment” power of the President, but could paralyze the NLRB by putting hundreds of decisions in jeopardy.
Presidents have made so-called recess appointments…
“Let’s Give Them Something to Talk About” – Confidentiality in Workplace Investigations
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The NLRB’s recent decision in Banner Health System, 358 NLRB No. 93 (2012) has tongues wagging, and not just in the blogsphere. In a controversial decision, the NLRB struck down an employment policy requiring employee confidentiality during workplace investigations. The Board held that this type of “blanket” policy potentially prevents employees from engaging in…
New NLRB Ruling Leaves Many Questions Unanswered for Non-Union Employers
On September 28, 2012, the National Labor Relations Board (“NLRB”) issued its decision in Karl Knauz Motors, Inc., 358 NLRB No. 164 (2012). The NLRB affirmed an Administrative Law Judge’s findings that a car dealership did not violate the National Labor Relations Act (“Act”) after it terminated a salesperson for his posts on Facebook. …
Hospital Access Rules Under Attack
By Terry Potter & Kevin Meyers on
In a 2-1 decision in Sodexo America LLC, the National Labor Relations Board (NLRB) held recently that the University of Southern California hospital violated Section 8(a)(1) of the National Labor Relations Act by maintaining and enforcing a rule that limited off-duty employee access to the workplace, except for specific purposes.
The policy at issue…
NLRB’s New Webpage Defines “Protected Activity”
By Brittany Falkowski on
Posted in National Labor Relations Act
On June 18, 2012, the NLRB launched a new page on its website that describes the rights of employees who act together, even if they are not in a union. The new page, at www.nlrb.gov/concerted-activity, defines the term “protected, concerted activity” as the term is used in the Act. On the webpage, the NLRB…
Federal Judge Voids New NLRB Union Election Rules
By Paul D. Satterwhite on
On May 14, 2012, a U.S. District Court issued a decision that effectively voids the National Labor Relations Board’s (NLRB) new election rules that went into affect on April 30, 2012. Judge James Boasberg of the District Court for the District of Columbia granted a motion for summary judgment filed by the U.S. Chamber of…