Labor Law Archives - Page 2 of 17 - Kollman & Saucier P.A.

And So The Pendulum Swings: NLRB Revives Joy Silk From The Ashes

Kollman & Saucier

08/29/2023

The NLRB’s democratic majority struck a big win for unions by reviving the precedent set in the 1949 NLRB decision, In re Joy Silk Mills, Inc., 85 N.L.R.B. 1263 (1949). Using Cemex Construction Materials Pacific, LLC as their torpedo, the NLRB has inflicted a blow to employers facing unionization efforts. The employees at issue were approximately 366 ready-mix cement truck drivers and driver trainers. The drivers and trainers showed support...

Kollman & Saucier

08/17/2023

First Amendment Protections, Labor Law, NLRB

Since the decision in Babcock v. Wilcox Co., 77 NLRB 577 (1948), the NLRB has permitted captive audience meetings. Under the captive audience doctrine and Section 8(c) of the NLRA, employers may hold mandatory employee meetings and speak to their employees about unionization so long as the employer does not threaten, punish, or promise benefits to the employees. Captive audience meetings are one of the few remaining arrows in management’s quiver...

Kollman & Saucier

08/03/2023

Handbooks/Policies, Labor Law, Legal Developments, NLRB, Protected Concerted Activity, Union Activity

As has been anticipated for some time, the National Labor Relations Board (NLRB), in Stericycle, Inc. (Aug. 2, 2023), adopted a new standard for determining whether workplace rules are lawful under the National Labor Relations Act. The new standard is similar to the analysis used prior to the Board’s 2017 decision in Boeing Co. Under the Stericycle framework, the lawfulness of workplace rules under the NLRA turns on whether workers would view...

Kollman & Saucier

06/30/2023

Labor Law

From the opening, it was apparent that the Seventh Circuit Court of Appeals was not pleased with ADT. ADT, well known for their blue signs to discourage intruders, was found to have violated the National Labor Relations Act (NLRA) by the National Labor Relations Board (NLRB). As stated by the Court, the case “presents a disappointing and transparent attempt by an employer to avoid its obligations under the National Labor Relations Act.”...

Kollman & Saucier

06/16/2023

Independent Contractors, Labor Law

The National Labor Relations Board (NLRB) has revisited the standard under the National Labor Relations Act for determining whether a worker is an independent contractor. The Atlanta Opera, Case 10-RC-276292 (NLRB June 13, 2023). First, a little background. In its 2019 SuperShuttle DFW decision, the Board made it easier for companies to establish that their workers are independent contractors (rather than employees) by clarifying and emphasizing...

Kollman & Saucier

05/04/2023

Labor Law, Protected Concerted Activity

It is no secret that the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel Abruzzo is pushing a pro-union/employee agenda. She stated as much in 2021 when she released her 10-page memo to NLRB staff outlining that under her leadership, the NLRB would focus on reviewing the “numerous adjustments to the law, including a wide array of doctrinal shifts” that occurred under the NLRB’s prior leadership. Don’t...

Kollman & Saucier

04/19/2023

Agency Activity, Joint Employer, Labor Law

In September 2022, the National Labor Relations Board (NLRB) issued its proposed rule on the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This rule, which is a return to the Obama-era standard, states entities are joint employers if they "share or codetermine those matters governing employees' essential terms and conditions of employment." Significantly, under this rule, the authority alone to...

Kollman & Saucier

04/13/2023

Labor Law, Non-Disparagement Clauses

The recent case Challenge Mfg. Holdings, Inc., Case 07-CA-286573 (2023), demonstrates how some judges may apply the National Labor Relations Board’s recent decision in McLaren Macomb, 372 NLRB No. 58 (2023), which held that an overly broad non-disparagement provision in a severance agreement was unlawful under the National Labor Relations Act (the “Act”). The provision at issue in McLaren Macomb prohibited employees who accepted severance from...

Darrell VanDeusen

02/10/2023

Labor Law

The turn of the phrase “labor pains” when talking about union organizing is now an old, trite (and stupid, while meant to be humorous) expression. But it’s one I heard used regularly when I was a baby lawyer in the mid-1980s. K&S posted a number of blogs in 2022 regarding the new wave of union organizing. Moreover, a quick inquiry to your favorite search engine will show you that there is a resurgence in organizing. It has not...

Darrell VanDeusen

12/29/2022

Labor Law

The National Labor Relations Board (NLRB) came out with a bunch of year-end decisions, some of which were blogged about by my friend and partner Eric Paltell on this site a couple of weeks ago. Put gently, none of these decisions could be considered “employer-friendly.” Here’s another one. On its last day before the winter break, the NLRB held, in a 2-1 decision, that an employer committed an unfair labor practice (ULP) by refusing to...

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And So The Pendulum Swings: NLRB Revives Joy Silk From The Ashes

‘Captive Audience’ Memo from NLRB General Counsel Survives First Legal Battle

NLRB Revises Workplace Rules Standards

Seventh Circuit Blasts ADT For NLRA Violations

NLRB Clarifies (Again) NLRA Independent Contractor Test

National Labor Relations Board Changes its Mind (Again) – Reverts to Previous Rule on Disciplining Misconduct Occurring in Connection with Protected Activity

New NLRB Joint Employer Rule Coming This Summer

ALJ Finds Employer Violated Federal Law By Reinstating Employee Subject To A Last Chance Agreement Containing A Broad Non-Disparagement Provision

What to Expect When you are Expecting: Labor Pains

You Quit? That’s An Unfair Labor Practice Says NLRB

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Category: Labor Law

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