We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme Court in Glacier Northwest Inc. v. International Brotherhood of Teamsters Local Union 174, 500 P.3d […]
In a recent case, the Court of Appeals for the 9th Circuit enforced an order of the National Labor Relations Board (“NLRB” or “Board”) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining negotiations. NLRB v. Ampersand Publishing, 9th Cir., No. 21-71060, 8/11/22. The bargaining negotiations expenses included the […]
Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors. Even though the employees’ opinions or arguments on the subject matter discussed at those meetings may constitute “protected activity” under the National Labor Relations Act (“Act”) (see Legal Alert “Inherently Protected Activity” […]
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The additional remedies discussed in the Memorandum would significantly increase the financial exposure risks that employers […]
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair labor practice in violation of the secondary boycott prohibition in the National Labor Relations Act […]
In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the purpose of promoting union efforts. The Court’s recent decision in Cedar Point Nursery v. Hassid held that the regulation which allowed unions to “take […]
In a very recent case, the National Labor Relations Board (“NLRB”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot solicitation. The case is of interest to employers given the introduction of laws that favor and promote union organizing (see March 15, 2021 Alert […]
In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which the employee could not be disciplined without violating the NLRA (National Labor Relations Act – the Act). Because this issue […]
Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To learn more, click here.
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether certain employee conduct constitutes protected, concerted activities. The GC Memorandum is of significance to all […]