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27 Sep 2017 High Court to Resolve Whether Class Action Waivers Violate NLRA

  On Oct. 2, the U.S. Supreme Court will resume its fall session and tackle, among other issues, whether class action waivers in arbitration agreements are valid and enforceable under Section 7 of the National Labor Relations Act (NLRA). The court will consider a consolidated set of cases emerging from the U.S. Court of Appeals for the Fifth, Seventh and Ninth Circuits, which have taken conflicting views on this question. The court’s resolution of this…

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08 Aug 2017 D.C. Circuit Calls Out NLRB in Ruling on Union Access to Employer Property

  As union membership continues to fall, unions have tried to heighten their levels of organizing activity at employers’ workplaces. Because such activity tends to take place during employee working hours, and can be disruptive to working time, it is no surprise that some employers try to restrict the level of communication between union agents and its employees on its premises.   The National Labor Relations Board (NLRB) has not always signed off on employers’…

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03 Aug 2017 “And the Fourth Seat Goes To….” Senate Confirms Nomination of Kaplan to NLRB, Delays Vote on Nomination of Emanuel

    Authored by Steve Hernandez and Minal Khan.   Early on Aug. 2, the Senate approved President Trump’s nomination of Marvin Kaplan to fill a vacant seat on the National Labor Relations Board (NLRB). The Senate approved Kaplan on a close 50-48 vote, which, unsurprisingly, was split along party lines. Kaplan’s confirmation puts the Board closer to attaining what would be the first Republican-led majority in nearly a decade.   Kaplan’s confirmation is welcome…

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23 Jun 2017 Take a Screen Shot of This: Supervisor Unlawfully Interrogated Employee Through Text, NLRB Says

  Texting has become one of the most common ways  people communicate. Despite its prevalence, however, texting can raise serious concerns for employers, particularly when such communication takes place between a supervisor and employee in the context of a union election.  A recent National Labor Relations Board (NLRB) case makes that point clear. In RHCG Safety Corp and Construction & General Building Laborers, Local 79, the Board held that a coercive text message from a…

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