The Summary of NLRB decisions for the week of May 27-30, 2014, is now available on the NLRB’s website. John KoenigJohn T.L. Koenig is a partner in the Labor & Employment Department of Barnes & Thornburg LLP. He maintains a national, full-service practice representing management exclusively in all aspects of labor and employment law.More Posts – Website
READ MORENon-solicitation and non-distribution policies are part of “old school” labor law, but on May 30, 2014, the National Labor Relations Board took a fresh look at these policies and struck down a non-solicitation policy contained in the employee handbook of Food Services of America, Inc. Food Services of America, Inc. and Paul Louis Carrington, 360 NLRB No. 123. Even though the Board affirmed most of the administrative law judge’s conclusions which dismissed virtually…
READ MOREThe Summary of NLRB decisions for the week of May 19-23, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers,…
READ MOREOn Friday, May 23, the White House released its bi-annual Unified Agenda, including an update on the timing of Department of Labor’s (DOL) proposed rule altering definitions of labor relations consultants for the purpose of required employer reporting. According to the Unified Agenda, the DOL’s rule is set to become final in December 2014, the same time period when the DOL intends to publish a notice and comment rulemaking seeking consideration of an updated…
READ MOREThe NLRB has entered into a cooperation agreement with OSHA whereby OSHA will refer untimely whistleblower claims to NLRB for potential processing as unfair labor practice charges. The announcement came via a May 21, 2014, memorandum from the NLRB to its Regional Directors describing the cooperation agreement. OSHA whistleblower complaints are subject to a 30 day statute of limitations. NLRB charges are subject to a longer, six month limitations period. OSHA estimates “complainants…
READ MOREThe Summary of NLRB decisions for the week of May 12-16, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for…
READ MOREESPN is reporting that “the State Employees Association of North Carolina’s governing board voted Friday to open the group’s membership to athletes at the state’s 17 public campuses, which would include Atlantic Coast Conference members North Carolina and North Carolina State.” It was unclear whether this move would open the doors to SEANC actually bargaining on behalf of any public university athletes who decided to join. A union spokesperson said, “What the group has…
READ MOREOn Thursday, May 15, 2014, a NLRB Administrative Law Judge (ALJ) ruled an employer violated the National Labor Relations Act (Act) by photographing hundreds of employees who were conducting in-plant marches in support of their contract demands that were at the center of pending successor contract negotiations between a union and the company. The company argued its photography was justified because the employee marches disrupted production and it needed to monitor the situation. The ALJ, however, rejected the employer’s…
READ MOREThe Summary of NLRB decisions for the week of May 5-9, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies…
READ MOREThe NLRB continued to signal its intent to review and consider overturning established precedent with another call for briefs issued yesterday. In its most recent request, the Board invited briefs from interested parties on the issue of joint employer status under the NLRA. Under the Board’s current precedent (as stated in TLI, Inc., 271 NLRB 798 (1984)), joint employer status is based on whether each entity meaningfully affects employees’ terms and conditions of employment. …
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