Posts from 2016.

The NLRB recently held that temporary employees and regular employees have a right to petition to join a combined bargaining unit, even if the staffing agency and employer object to the formation of the combined unit. In Miller & Anderson, 364 NLRB No. 9 (July 11, 2016), the National Labor Relations Board (“NLRB”) continued its campaign to undermine third-party staffing relationships.  The decision ...

One of the principal criticisms aimed at the National Labor Relations Board in recent years is its penchant for ordering businesses to restore facilities or operations which it has decided to relocate elsewhere.  In the recent case of Gunderson Rail Service, LLC decided June 23, 2016, the NLRB did just that, by ordering a Tucson, Arizona employer to restore its operations there on the grounds that it failed to ...

Categories: NLRB

The US Department of Labor (DOL) recently finalized regulations affecting employers and trade associations across the US.  Those regulations would require reporting of engagement with legal counsel involved in direct or indirect persuasion of employees on matters of union representation.  The stated goal of the regulations was to bring into public view the point that attorneys and consultants are often engaged to help employers in communicating with employees.  With this goal in mind, the regulations sought to force employers and their counsel, effective July 1, 2016, to report engagements, terms of engagement, certain tasks, and expenditures linked to employer communication with employees.  Thus, if an employer hired counsel to draft or review communication plans, to prepare communication pieces, to train supervisors on things they can and cannot say under the law, or in taking action against an employee who engaged in misconduct during the time of a union organizing campaign, such information would be required for disclosure on forms developed by the DOL.  Not only must the attorney/consultant file the report, but the employer must as well, even if the attorney/consultant had no communication directly with employees other than supervisors and management.

Categories: DOL

The National Labor Relations Board (NLRB) furthered its quest to expand the remedies available under the National Labor Relations Act (NLRA) with a recent victory in the DC Circuit.  In Camelot Terrace, the DC Circuit held that the NLRB may order an employer to reimburse a union for its bargaining expenses for instances of “flagrant” or “egregious” bad faith bargaining.  Camelot Terrace, et al. v ...

Categories: NLRB

A new NLRB decision dramatically restricts the ability of employers to “permanently replace” economic strikers.  See Piedmont Gardens, 364 NLRB No. 13 (May 31, 2016).  Since the Supreme Court’s landmark decision of NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), it has been understood that employers have a broad right to “permanently replace” employees who are on an economic strike.  ...

Categories: NLRB

In a new enforcement memorandum, the NLRB General Counsel has directed the Regional Offices to pursue litigation opportunities to overturn existing law on withdrawal of union recognition.  See Memorandum GC 16-03 (5/9/16).  Under current law, an employer may withdraw union recognition when presented with objective evidence of an actual lack of majority support among the unit employees.  Typically, this ...

Categories: NLRB

To stay informed and to better serve our clients, Atkinson, Andelson, Loya, Ruud & Romo labor law attorneys keep on top of the latest statute and rule changes, whether these changes are actual, proposed, or even rumored. We also stay current on the most recent decisions from courts and administrative boards.

We don’t merely learn about new rulings — we analyze them in depth to determine how they affect our ...

The National Labor Relations Board (NLRB) continued its assault on employer handbook rules by invalidating an employer’s policy against electronic recording in the workplace.  See T-Mobile USA, Inc., 363 NLRB No. 171 (April 29, 2016).  The ruling signals that the current NLRB is intent on allowing, and encouraging, employees to use smartphone recording technology in the workplace to further both ...

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