Category NLRB

Joint Employers Smoked Out of Hiding

By Nicholas J. Gleichman On July 29, 2014, General Counsel of the National Labor Relations Board, Richard F. Griffin issued a statement instructing regional offices to include McDonald’s USA LLC as a “joint employer” with its franchisees in 43 pending unfair labor practices cases. This development comes two months after a wave of fast food […]

Proceed with Caution: The NLRB Strikes Down Workplace Rules Prohibiting Negativity and Gossip

by Andrea De León On April 1, 2014, the National Labor Relations Board (the Board), in Hills and Dales General Hospital,found that policies prohibiting negativity, gossip, and negative representation of the employer violate the National Labor Relations Act (NLRA). Under Section 8(a)(1) of the NLRA, it is “an unfair labor practice for an employer to […]

Are You Ready for Some (Unionized College) Football?

by Christa Pitts As a recent college graduate from an Atlantic Coast Conference (ACC) school, I completely identify with the feeling of admiration that college students have for their schools’ athletes.  In many instances, these athletes are campus celebrities–students beg for their autographs and their pictures are plastered everywhere.  But as much as I reveled […]

Dish Network Corp.

A social media policy constitutes an unfair labor practice where it restricts protected speech by broadly prohibiting “negative” employee speech online, restricts employee speech online during work hours (without indicating that protected speech could be exercised during breaks), and requires preclearance before employees could speak publicly or to government officials. The employer’s social media policy […]

Barsyl Supermarkets Inc.

Employers who refuse to furnish a Union with certain information that is necessary and relevant to the Union’s role as the exclusive collective-bargaining representative of the unit employees violate their duty to bargain collectively and in good faith with the Union. An employer must grant a Union’s written request for addresses, phone numbers and work […]

Matter of 833 Central Owners Corp. and Local 621, United Workers of America

An employer’s use of implied benefits to an employee, coupled with the threat of discharge and reprisals in an effort to coerce him into refraining from union activity, violates the National Labor Relations Act (“the Act”). At an arbitration hearing between the union and employer, a new employee failed to testify on behalf of the […]

OUR Walmart Advice Memorandum

A union that is not seeking a recognitional or organizational objective is not violating section 8(b)(7)(C) of the National Labor Relations Act (“NLRA”), when it pickets a business in excess of the 30-day statutory limit. Walmart Stores, Inc. filed unfair labor practice charges against Making Change for Walmart and Organization United for Respect (“OUR”) Walmart, subsidiaries […]

Flaum Appetizing Corp. and Local 460/640, Industrial Workers of the World

Employers may not terminate employees for attempting to organize, even if the employer believe that the employees are undocumented workers. In early 2009, the Flaum Appetizing Corporation terminated seventeen employees and refused to pay back wages, citing the employees’ undocumented status.  The Board held that while Flaum may not be responsible for back pay should […]

Sutter East Bay Hospitals v. N.L.R.B.

Where an employee is disciplined for misconduct purportedly unrelated to protected union activity, the employee must show that there was an improper motivation for the discipline and that the employer would not have taken the same action without the improper motivation.  A hospital employee was suspended and ultimately fired for alleged misconduct connected with her […]

Banner Estrella Medical Center

Employers who issue broad and routine instructions prohibiting employees from discussing internal investigations need to demonstrate that confidentiality is necessary to further a legitimate business interest, otherwise, the employer could be found to be in violation of Section 8(a)(1) of the National Labor Relations Act (“NLRA”).  Banner Health System routinely instructed employees involved in internal […]