At the end of 2017, the NLRB issued a decision reversing the enhanced “overwhelming” community of interest standard and its much derided “micro units” in determining the appropriate unit for representational purposes. In its 3-2 decision in PCC Structurals, Inc., 365 NLRB No. 160 (2017), the NLRB re-adopted the traditional test, which considers factors such […]
A new tide of political involvement has swept the nation after the election of President Donald Trump. Groups of people are marching, participating in Town hall rallies, and organizing at the grass roots level at an unprecedented rate. Recently, the group that organized the Women’s March on Washington has announced that they are organizing a Woman’s […]
President Trump has tapped National Labor Relations Board Member Philip Miscimarra to be acting Chairman. Mr. Miscimarra will replace Mark Gaston Pearce who served as the NLRB Chairman under President Obama since 2011. Mr. Miscimarra is a graduate of the University Of Pennsylvania School Of Law and the Wharton School of Business. Prior to joining […]
A recent decision from the National Labor Relations Board (“NLRB”) may significantly weaken the “management rights” clauses found in many collective bargaining agreements. A management rights clause reserves certain rights to management, often anything not covered by the collective bargaining agreement. When a right is reserved to management, it can be changed unilaterally by the employer without […]
In follow up to our previous post (May 9, 2011) regarding the National Labor Relations Board’s (“NLRB”) treatment of social media, the NLRB released further guidance in an effort to assist employers in evaluating the legality of social media policies and practices. The NLRB’s social media report analyzes 14 cases, involving both social media policies and employee discharge for […]
If you are an employer that maintains a mandatory arbitration agreement that waives the rights of employees to participate in class or collective actions, your arbitration agreement may be in violation of the National Labor Relations Act (“NLRA”). Pursuant to the National Labor Relations Board’s (“NLRB”) recent decision in D.R. Horton, Inc., 357 NLRB. No. 184 […]
Attorney Jeffrey Mogan will be presenting a seminar entitled “A Legal Roadmap to Operating Efficiently in Unionized Health Care Facilities” at the Connecticut Association of Health Care Facilities (CAHCF) annual Educational Conference on November 9, 2011 in Cromwell. Discussion topics include key provisions of the National Labor Relations Act and avoiding common pitfalls of employee […]
In follow up to our previous post on April 13, 2011, the proposed rule to require employers covered by the National Labor Relations Act (“NLRA”) to post workplace notices describing employees’ rights under the NLRA has been delayed into 2012. The stated purpose of the proposed rule is to inform employees of their rights to form, join, or […]
The National Labor Relations Board recently proposed changes to its pre-election and post-election procedures that would significantly impact employers and could result in a greater number of successful union elections. Most notably, the reform would require that the pre-election hearing be held within 7 days after the hearing notice is served (absent special circumstances). Currently, […]
On the heels of the well publicized settlement this past February between the Hartford office of the National Labor Relations Board (“NLRB”) and AMR of Connecticut resulting from the NLRB’s complaint that the employer unlawfully terminated an employee in response to the employee’s criticism of her supervisor on Facebook, another social media issue has caught […]
