The NLRB Has You Covered…By The Contract

By Patrick Scully In another stunning and sweeping decision, The National Labor Relations Board (“NLRB” or “Board”) has overturned the “clear and unmistakable” waiver test and concluded that employers may make unilateral changes to terms and conditions of employment “covered” by an existing collective bargaining agreement.  For decades, employers had negotiated lengthy “management rights clauses” […]

NLRB Body Blow: Union’s Lobbying Not Chargeable To Nonmember Employees

By Patrick Scully The National Labor Relations Board (“NLRB” or “Board”) has ruled that unions cannot charge nonmember represented employees for union lobbying expenses.  Under the Supreme Court’s decision in Communication Workers v. Beck, 487 U.S. 735 (1988), nonmember represented employees can only be charged “representational fees” in states that permit ‘union security’ (compelled payment […]

Move Over EEOC: Time for an NLRB Benchslap

“Just John” Over the last few weeks we have blogged on a number of judicial decisions chastising the EEOC (Another Approaching Benchslap for EEOC?, EEOC Benchslaps Just Keep Coming and The EEOC Hits Just Keep Coming!). Today we shift our focus to the NRLB and a recent case it litigated in federal court in Arizona. In […]

SOX Un-Boxed

By Bill Wright Prepare for DOL whistleblower litigation.  The Supreme Court has ruled on the scope of the Sarbanes-Oxley Act whistleblower provision.  According to SCOTUS, SOX allows any employee to bring a whistleblower complaint, so long as the employer does business with a publicly-traded company.  At the extreme edge, as the Justices noted, this means, […]