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19 Oct 2012 D.R. Horton Files Reply Brief in Appeal of NLRB Decision

As we’ve previously blogged about here, the National Labor Relation Board’s (the NLRB) decision in D.R. Horton (the D.R. Horton decision) has been appealed to the 5th Circuit court of Appeals by D.R. Horton.  On Oct.12, 2012, D.R. Horton filed its Reply Brief, arguing that the NLRB: (1) ignores the mounting case law rejecting the NLRB’s D.R. Horton decision; (2) is not authorized to dictate the procedures courts and arbitrators must use to adjudicate employees’…

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11 Oct 2012 The NLRB’s Second Bite Of The Apple

“The Walk Out”  Federal Security provides armed security guards to public housing sites in Chicago. The Company fired 19 of its security guards after they staged a “walk out.” The guards subsequently filed an unfair labor practice charge alleging their walk out was “protected concerted activity” under the National Labor Relations Act (NLRA)  (i.e., the right for employees to act together to try to improve their pay and working conditions or fix job-related problems). Although the NLRB sided with the…

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05 Oct 2012 NLRB Weekly Summary of Decisions for September 24-28, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for September 24-28, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here or clicking on the link below. NLRB Weekly Summary of Decisions for September 24-28, 2012 btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor…

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05 Oct 2012 Republican members of Congress file amicus briefs to challenge NLRB recess appointments

The debate over President Obama’s recess appointments to the NLRB continued last week as Speaker of the House John Boehner and 42 of the Republican members of the Senate filed amicus briefs in the case of Noel Canning v. NLRB, No. 12-1115, currently pending before the D.C. Circuit Court of Appeals.  Boehner and the Republican Senate members argued that President Obama’s recess appointments were not valid because the Senate was in a “pro forma” session…

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02 Oct 2012 NLRB Decides First Facebook Discharge Case; Holds for Employer but Finds “Courtesy” Requirement Unlawful

The NLRB, in its first decision on a pending Facebook discharge case, has decided to side with the decision of a Board ALJ and find that a car salesman’s posting of pictures and comments on Facebook was not protected concerted activity. Specifically, the Board affirmed the ALJ’s finding that the salesman was discharged for posting pictures of (and sarcastic comments about) a new Land Rover which had been driven into a pond by a customer’s 13-year old son at…

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28 Sep 2012 Husband Organizes; Wife Gets Fired. NLRB Orders Reinstatement

In a decision issued last week, the NLRB found that an employer violated the National Labor Relations Act by terminating the wife of a man who was seeking to organize part of the company’s workforce. The husband, a driver, sought to organize the company’s 200 drivers.  When the company found out about these efforts, the wife’s supervisor relayed the CEO’s message that the plant would shut down if it was unionized and inquired about her husband’s attempts to organize. …

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25 Sep 2012 “Context Matters” Reasons the Board as it Forgives Workplace Vulgarity and Lying

Shortly before a decertification election, an anonymous warehouse worker wrote vulgar statements on union newsletters in the employee breakroom (you can read the vulgar statements in the Board’s actual decision here). The anonymous employee accidentally confessed to writing the statements (in a phone call to a company vice president whom the employee mistakenly believed to be his union rep) and was terminated for vulgar statements and lying to investigators.  The ALJ upheld the termination reasoning that the egregiousness of the employee’s behavior removed…

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21 Sep 2012 NLRB Weekly Summary of Decisions for September 10-14, 2012

The National Labor Relations Board’s (the “NLRB”) weekly summary of decisions for September 10-14, 2012, is now available on the Board’s website. The summary of NLRB decisions can be accessed by visiting the NLRB’s website here or clicking on the link below. NLRB Weekly Summary of Decisions for September 10-14, 2012 btlaborBT Labor Relations is managed by the labor law attorneys at Barnes & Thornburg. The blog aims to be a source for news, analysis, and commentary on traditional labor legal…

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20 Sep 2012 NLRB Rules on First Social Media Policy Case; Find Policy Unlawful

On Sept. 7, 2012 the NLRB issued its first decision on a social-media policy, overturning an ALJ decision and finding that Costco Wholesale Corp.’s social-media policy violated Section 8(a)(1) of the NLRA by inhibiting employees’ from exercising their rights under Act. Costco’s policy stated, in pertinent part, that statements posted electronically that “damage the Company, defame any individual or damage any person’s reputation” could potentially be grounds for discipline, up to and including termination. The…

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18 Sep 2012 NLRB’s Inspector General Finds that NLRB’s Head Attorney Violated Ethical Rules

In a report issued on Sept. 13, 2012 but made public on Sept. 17, the NLRB’s Office of the Inspector General (the “IG”), found that the NLRB’s Acting General Counsel, Lafe Solomon, violated ethics rules by “personally and substantially” participating in an official capacity in a matter in which he had a financial interest. The IG’s report explained that in spite of knowing that he may not have been properly permitted to participate in deciding…

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