NLRB Seeks Input on Non-Work Related Use of Company Email Systems

Kollman & Saucier
Kollman & Saucier
08/08/2018
As some readers may be aware, last year, the National Labor Relations Board (the Board) reversed several Obama-era precedent setting cases bearing standards generally considered favorable to employees.  This included The Boeing Company, 365 NLRB No. 154 (2017) (overruling the Lutheran Heritage standard); PCC Structurals, Inc., 365 NLRB No. 160 (2017) (overruling the Specialty Healthcare standard); and Hy-Brand, 365 NLRB No. 156 (2017)...
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NLRB Releases New Guidance on Handbook Rule Posting

Eric Paltell
Eric Paltell
07/19/2018
The Office of the General Counsel to the NLRB recently released new guidance on the types of employer handbook rules that are permissible in the wake of the Board’s December 2017 ruling in The Boeing Co, 365 NLRB No. 154 (12/17/17).  In that case, the Board set a new standard for evaluating the lawfulness of workplace rules under Section 7 of the NLRA. The new standard weighs the importance of the employee’s exercise of their Section 7 rights...
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Want Fries with that NLRA Violation?

Darrell VanDeusen
Darrell VanDeusen
07/11/2018
The Court of Appeals for the Fifth Circuit recently enforced a decision of the National Labor Relations Board (NLRB) that In-N-Out Burger in Austin, Texas violated labor laws with its “no pins or stickers” rule, when it stopped employees wearing buttons supporting the “Fight for $15” campaign – a movement advocating for a $15 per hour minimum wage.  In-N-Out Burger, Inc. v. NLRB, No. 17-60241, 2018 U.S. App. LEXIS 18472 (5th Cir. July 6,...
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NLRB: Solo Strike May Be Protected Activity

Randi Klein Hyatt
Randi Klein Hyatt
07/06/2018
The National Labor Relations Board’s (NLRB) Division of Advice recently published an advice memorandum clarifying that the National Labor Relations Act (NLRA) can protect employees who engage in a solo strike. The memorandum centered on a former employee who was terminated from a Papa John’s restaurant in South Carolina after taking part in an August 2016 “Fight for $15” rally organized by several groups, including the Southern Workers...
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No Federal Preemption In MLB Player’s Negligence Lawsuit

Clifford Geiger
Clifford Geiger
07/06/2018
In June 2017, while making his major league debut for the New York Yankees, right fielder Dustin Fowler crashed into a wall while chasing a foul ball at Chicago’s Guaranteed Rate Field.  Fowler seriously injured his knee in the collision, sustaining a rupture of the patellar tendon.  Fowler underwent surgery and missed the remainder of the 2017 season.  Fowler has sued the Chicago White Sox and the Illinois Sports Facilities Authority,...
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Supreme Court Rules That Public Sector Agency Fees Are Unconstitutional

On the last opinion day of the 2017-2018 term, the Supreme Court issued a long-expected decision prohibiting public sector collective bargaining agreements from requiring employees who are not members of the union to pay agency fees. In a 5-4 decision written by Justice Alito, the Court overturned 41 year old precedent and ruled that requiring non-members to pay a fee to the union representing them violates the free speech rights of employees who...
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Employer Commits Unfair Labor Practice By Insisting on English-Only Proposal

Kollman & Saucier
Kollman & Saucier
06/20/2018
When an employer has a duty to engage in collective bargaining, its refusal to do so is an unfair labor practice under the National Labor Relations Act (the Act).  Refusals to engage in collective bargaining can take many forms.  Earlier this week, the National Labor Relations Board (the Board) found that a UPS facility in Puerto Rico unlawfully refused to bargain  by continuing to insist that a union proposal be translated from...
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The NLRA and the NFL’s New Anthem Policy

Randi Klein Hyatt
Randi Klein Hyatt
06/07/2018
As many readers know, the issue of player protests during the national anthem has hovered over the National Football League (NFL) since 2016.  Two weeks ago, in an effort to refocus coverage on the sport rather than the spectacle, the NFL unveiled its new national anthem policy, which will take effect this season. The policy gives players the option to remain in the locker room during the anthem.  Players that take the field must “stand and show...
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Supreme Court Upholds Individual Arbitration Clauses In Employment Contracts

Mandatory arbitration clauses in employment contracts are increasingly a fact of workplace life.  What happens, though, when an employee signs an employment agreement requiring that any job-related disputes be submitted to individual arbitration, rather than class- or collective-action lawsuits?  Do longstanding federal labor laws protecting workers’ right to engage in “concerted activities for the purpose of . . . mutual aid or protection”...
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NLRB Judge Strikes Down Moonlighting Rule

Eric Paltell
Eric Paltell
05/18/2018
A National Labor Relations Board Administrative Law Judge has invalidated an employer's work rule prohibiting employees from working another job without the company's approval. Nicholson Terminal & Dock Co., Case No. 07-CA-187907 (May 16, 2018).  Judge Elizabeth Tafe held that the  rule could be interpreted to prohibit employees from working for a union outside of working time and, therefore, unlawfully interfered with employee Section 7...
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