The NLRB Finally Cancels Pre-Disciplinary Bargaining

By Patrick Scully In a long-awaited move, the National Labor Relations Board (“NLRB” or “Board”) overruled the Obama Board’s decision in Total Security Management Illinois 1, LLC, 364 NLRB No. 106 (2016) (“Total Security“), and concluded that an employer does not have to bargain individual disciplinary decisions with a newly certified labor organization. As the […]

The Holidays Came Early for Employers

By James Korte Employers rejoice! The National Labor Relations Board (NLRB) released a string of rulings on Monday reversing three controversial Obama-era decisions. With these rulings, the NLRB returned to long-standing rules in areas of significance prior to the sweeping changes made by the Obama-era Board. The NLRB’s return to the “old” tests should again provide […]

EEOC Weighs In On NLRB Protections For Offensive Statements

By James Korte Recently, the National Labor Relations Board (“NLRB”) invited the public to file amicus briefs regarding the treatment of “profane outbursts and offensive statements of a racial or sexual nature.” Gen. Motors LLC & Charles Robinson, 368 NLRB No. 68 (Sept. 5, 2019). The Equal Employment Opportunity Commission (“EEOC”) accepted the invitation.                […]

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 Enhances Its View of Property Rights

By Patrick Scully The National Labor Relations Board (“NLRB” or “Board”) has settled a long-brewing controversy over what constitutes “discrimination” with respect to non-employee access to employer property.  Twenty years ago, the Board held in Sandusky Mall, 329 NLRB 618 (1999), that an employer discriminates against non-employee union representatives if it bars them from its […]

NLRB Serves Up An Epic Ruling For Employers

By Patrick Scully In its first significant decision applying the Supreme Court’s holding in Epic Systems v. NLRB, 584 U.S. ____, 138 S.Ct. 1612 (2018), the National Labor Relations Board (“NLRB” or “Board”) ruled that a restaurant owner lawfully compelled its employees to sign a revised mandatory arbitration agreement.  The employer, an operator of Latin-themed […]

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 […]

The Changed NLRB Reasonably Defines “Change”

By Patrick Scully The new National Labor Relations Board (“NLRB” or “Board”) reversed another Obama Board decision on Friday. In Raytheon Company, 365 NLRB No. 161 (December 15, 2017), the Board returned to long standing precedent that the question of whether an employer has made a “change” should take into consideration the employer’s standing practices. […]

NLRB Gets New General Counsel, Employers Exhale

By Patrick Scully On November 8, 2017, the United States Senate confirmed the President’s nomination of Peter Robb as General Counsel of the National Labor Relations Board.  GC Robb will replace Richard Griffin, whose tenure was marked by aggressive prosecution and attempts to expand the scope of the NLRB’s jurisdiction.  Notably, GC Griffin launched a […]