The saga of Scabby the Rat continues with the transition of the Biden administration and the recent unceremonious ouster of now-former General Counsel Robb. The debate focuses on whether the presence of Scabby, the large inflatable rat, and large banners at the site of a neutral secondary employer constitute lawful secondary protest activity or is unlawful picketing or coercive conduct.
Continue Reading The Nine Lives of Scabby the Rat

On July 21, 2020, the NLRB released the decision General Motors LLC and Charles Robinson (GM) which is significant not only for its substance but for its timing. The GM decision held that abusive conduct and speech is not protected §7 activity and applied the burden-shifting rule under the Wright Line standard to evaluate challenged disciplinary actions connected with §7 activity. In a time of social tension amid protests against racism and sexism, the decision permits employers to require civility and peace in the workplace while it simultaneously protects employees’ civil and labor rights.

Continue Reading Long Awaited – Abusive Conduct Is Not Protected Activity

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

On December 12, 2012, the NLRB reversed longstanding precedent in WKYC-TV, Inc., holding that dues checkoff provisions continue in force after the labor contract expires.  (“Dues checkoff”  is the act of deducting union dues from employees’ wages and remitting them to the union.)  This decision overruled Bethlehem Steel, 136 N.L.R.B. 1500 (1962), which

Recently, the NLRB has issued a number of decisions addressing social media in the workplace as it pertains to employers.  Last month, however, an NLRB judge rendered a decision addressing a Union’s potential liability and responsibilities for social media activities on its own Facebook page.  Interestingly, the judge addressed the posts and comments of the

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

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.   

The acting general counsel for the National Labor Relations Board (NLRB), Lafe Solomon, has addressed a number of workplace topics, including social media policies, at-will employment statements and class action waivers in arbitration agreements. In addition, a new NLRB webpage describes the rights of employees, even if they are not in a union. Both of