In the first reported decision since the Board’s holding in Browning-Ferris, the Regional Director for Region 5 of the NLRB found that, with respect to the particular facts in a case before that Region, the union failed to establish a joint employer relationship. The case arose in the context of a staffing agency, GJW
NLRB
D.R. Horton Decision Controls Once Again in the Fifth Circuit
By Terry Potter on
Posted in NLRB
In the case of Murphy Oil USA, Inc. v NLRB, the Fifth Circuit recently reaffirmed its position allowing class waivers in arbitration agreements, contrary to the NLRB’s position in D.R. Horton. Obviously, given the fact that this same Court of Appeals recently denied enforcement of the Board’s Order in D.R. Horton on this…
No Purple Communications Exception Applied to Healthcare Providers
By Terry Potter on
Posted in Board Decisions, NLRB
In an August 27, 2015 decision, a majority of the Board found that the Purple Communications standard, with respect to an employer’s email system, would apply without exception to healthcare providers and, in particular, for acute care hospitals. Contrary to the cogent arguments put forth by member Johnson in his dissent, the majority found…
More Changes by the NLRB . . . Joint Employer and Dues Check-Off Doctrines . . . Why?
By Terry Potter on
Posted in Board Decisions, NLRB
The NLRB continues to overrule long-standing case law in key areas. Last week, in particular, two major determinations of the NLRB issued which will no doubt be tested before the courts of appeal. One, involving the Joint Employer Doctrine for which this Firm issued a client alert, can be reviewed here; the second…
D.C. District Court Supports the NLRB’s New R Case Processing Rules
By Terry Potter on
Posted in NLRB
The D.C. District Court issued an opinion on the 29th in which it upheld the NLRB’s massive changes to its R Case procedures. Overall, the Court found that the objections and challenges put forth by the Chamber of Commerce were “simply matters of disagreement with the choices made by the Agency entrusted by Congress…
Another Double Standard Established By The NLRB
By Terry Potter on
Posted in Board Decisions, NLRB
On June 26, 2015 the Board issued a decision in American Baptist Homes of the West d/b/a Piedmont Gardens in which it overruled precedent that has been in place since 1978 which had exempt witness statements from disclosure under the request for information guidelines per Section 8(a)5 of the Act. Notwithstanding strong public policy to…
Right to Work Translated to Right to Pay
By Terry Potter on
With the recent change in events whereby, state by state, legislation is being passed to implement right to work laws, labor unions are responding by promoting, through the NLRB, a “fair share policy” requiring non-member bargaining unit employees pay a grievance processing fee. Indeed, the NLRB has issued a Notice and Invitation To File Briefs…
No Good Deed…
By Terry Potter on
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…
More Micro Management by the NLRB
By Adam Doerr on
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…
Search First, Ask Questions Later
By Kayt Kopen on
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…