Articles and Blogs

Another Case of Reconsideration for the NLRB Recently we wrote about the NLRB’s decision protecting profanity directed toward a boss during a heated argument in the bosses office.  That decision came after a federal appeals court told the NLRB to reconsider its earlier decision providing protection to the boss-cussing worker.  The NLRB did reconsider... READ MORE

NLRB Often Strikes Down Common Employer Rules For several years now, the NLRB that governs labor and management relations in the private sector has been striking down employer rules that interfere with employee rights to form, join or associate with labor unions or to engage in activity for their mutual aid and protection –... READ MORE

You would think that an employee who told his boss – to his face – that he was a “f***ing crook” and an “a**hole” and that the boss “would regret it if you fire me” – SHOULD be fired.  Not according to the NLRB. READ MORE

Time to Get Serious The NLRB has scheduled two days for public comment on the proposed “Quickie Election Rule” that we reported in our article “Quickie Election Rule II” – The NLRB Tries Again earlier this month.  The meetings will be held in Washington D. C. on April 10 and 11.  The deadline for written comments... READ MORE

Union Fines Its Members for Crossing Picket Line When an employee joins a union, he or she becomes subject to the union’s bylaws and rules.  When those rules provide for fines and penalties for crossing a picket line, the result can be very costly for the employee who has not resigned from the union. ... READ MORE

Here We Go Again, “Quickie Election II” As we predicted in our last post, “It’s Official – The NLRB’s “Quickie Election Rule” Is Rescinded,” the National Labor Relations Board (“NLRB”) announced on February 4, 2014 that it is issuing proposed amendments to its rules and regulations governing representation-case procedures. In substance, the proposed amendments... READ MORE

Not So Quick On January 22, 2014, the National Labor Relations Board (“NLRB”) published in Federal Registerthe  its official rescission of the so-called “Quickie Election Rule” that would have greatly speeded up union elections in the private sector.  The rescission of the rule restores the NLRB’s former election processes and procedures.  In practical terms,... READ MORE

NLRB Throws in the Towel Yesterday, the NLRB announced that it has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.  We have written about... READ MORE

Windows and Sinks and Employee Complaints  Employees have a right to complain about a lot of things, including windows and sinks.  When they join together to complain, an employer needs to make sure that those complaints are not factors in the decision to fire the complaining employees.  In this NLRB case, a hospital fired a... READ MORE

Fast Food Workers Strike for Higher Pay Earlier this month, in 100 cities around the country, fast food workers went on strike for higher pay – much higher pay – seeking $15 an hour or a “living wage” as some describe it.  Although the job action got much media attention, there is no real... READ MORE