On August 7, in SW General Inc. v. NLRB 2015 US App LEXIS 13812, a federal appellate court ruled that the January 5, 2011 appointment of Lafe Solomon as Acting General Counsel to the NLRB violated the Federal Vacancies Reform Act 5 U.S.C. Sections 3345 et. seq. (FVRA) (PDF). For that reasons it held that
Unfair Labor Practices
NLRB Wants Employer to Pay Union’s Bargaining Expenses – Aggressive Push For Broader Use of “Enhanced Remedies” Continues
By Donald Krueger & Steven M. Swirsky on
Posted in NLRB Developments, Unfair Labor Practices
One of the hallmark initiatives of NLRB General Counsel Richard F. Griffin Jr. has been the pursuit of more aggressive remedies in response to what the General Counsel considers to be egregious unfair labor practices (“ULP’) activity. While his predecessors and prior Board members spoke of “special remedies” that they would seek to impose in…
NLRB Dramatically Educates Private School on Meaning of Concerted Protected Activity
While we have been reminding readers of the fact that the National Labor Relations Act (the “Act”) protects employees regardless of whether they are represented by a union and the Act applies to non-unionized workforces, too, recently a National Labor Relations Board (the “NLRB”) Administrative Law Judge issued a decision following an unfair labor practice…
7-Eleven Franchise Operators’ Overtime & Minimum Wage Lawsuit Given Green Light by NJ District Court
Posted in NLRB Developments, Unfair Labor Practices
For retail and hospitality industries especially, it is turning out to be a long, hot summer as franchises continue to be in the employment law spotlight.
On July 29, 2014 the NLRB’s General Counsel announced a decision to treat McDonald’s, USA, LLC as a joint employer, along with its franchisees, of workers …
BIG MAC ATTACK : NLRB General Counsel Argues Franchisees and McDonald’s Are Joint Employers
By Steven M. Swirsky on
NLRB General Counsel Richard Griffin announced on Tuesday July 29th that he has authorized issuance of Unfair Labor Practice Complaints based on 43 of 181 charges pending against McDonald’s, USA, LLC and various of its franchisees, in which the Board will allege that the company and its franchisees are joint-employers. If the General Counsel…
NLRB Continues to Increase Use of Section 10(J) Injunctions
By Steven M. Swirsky on
By Steven M. Swirsky and Peter M. Panken
NLRB General Counsel Richard Griffin has declared in an April 30, 2014 General Counsel Memorandum. that his office will continue and expand the increasingly aggressive pursuit of injunctions in Federal Court against employers in connection with union organizing and bargaining for initial collective bargaining agreements.
In…
NLRB Expands Scope of Employer Solicitation of Grievances as Unlawful Coercive Conduct
Posted in NLRB Developments, Unfair Labor Practices
By Kara M. Maciel and Lindsay A. Smith
On March 12, 2014, the National Labor Relations Board (“the Board”) concluded that a beef processing company committed an unfair labor practice in violation of the National Labor Relations Act (“NLRA”) when it terminated three workers for striking in protest of their working conditions (“Greater Omaha …
Overbroad Handbook Policies May Constitute Unfair Labor Practices
As we have discussed on a number of prior occasions (Fifth Circuit Rejects The NLRB’s D.R. Horton Decision On Arbitration Waivers; Obama’s Labor Agenda Continues to Advance – Griffin Confirmed as NLRB GC; NLRB Administrative Law Judge Finds Medical Center’s Technology Usage Policies Violated Employees Rights Under the National…
Fifth Circuit Rejects The NLRB’s D.R. Horton Decision On Arbitration Waivers
Posted in Practices and Procedures, Unfair Labor Practices
By : Lisa M. Watanabe
On December 3, 2013, the Fifth Circuit issued its much anticipated decision overturning the National Labor Relations Board’s (“NLRB”) controversial D.R. Horton, Inc. decision invalidating class action waivers and holding that requiring employees to sign such waivers violated employees’ rights under the National Labor Relations Act (the “Act”). As previously…
President Obama’s NLRB Acting General Counsel Appointment Invalid – Court Rules Agency Without Power to Issue Unfair Labor Practice Complaint
By Adam C. Abrahms, Steven M. Swirsky & D. Martin Stanberry on
By Adam C. Abrahms, Steven M. Swirsky, and D. Martin Stanberry
On Tuesday, August 20th, in an opinion that follows in the wake of Noel Canning, United States District Judge Benjamin H. Settle dismissed an injunction petition filed by Ronald Hooks, a Regional Director of the National Labor Relations Board, on the…