Category: Labor Law

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...

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...

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...

Imagine this:  the only way you can vote is if you show up in person and bring your ID with you.  Otherwise voicing your will cannot and will not be accepted. In defense of such a rule, proponents say that the requirements are “merely procedural steps necessary to prevent fraud.”  Those who oppose it say the requirements significantly burden the exercise of the protected rights of those who live some distance from the voting place or who lack...

I have represented Colleges and Universities for 33 years and I love the work.  I was an adjunct at the University of Baltimore Law School for 30 years and I loved that too.  The unique things that happen in the world of higher education never cease to amaze me.  So, through that lens, let’s take a look at a recent decision from the Third Circuit, which provides a variety of teachable moments regarding interaction among faculty, a university’s...

The National Labor Relations Act (NLRA) gives employees the right to engage in protected concerted activity.  The NLRA also makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of the rights” under the Act.  Despite the NLRA’s broad protections, an employer may take action against an employee whose conduct exceeds the scope of the Act’s protections.  The conduct underlying a...

Late last month, a NLRB Administrative Law Judge found that a Pennsylvania construction contractor violated the NLRA by screening out applicants with union backgrounds.  Hard Hat Services,  4-CA-196783 (12/27/17). The Judge found that the company improperly asked applicants about their union membership and relied on an on-line recruiting service to screen out applicants who appeared to have union affiliation. The NLRA makes it illegal for an...

In the middle of this holiday season, the NLRB was in a gift-giving mood to employers, updating standards in several important areas of labor law.  In the 48 hours before the expiration of his term (and unconfirmed return to the North Pole), departing Chairman Philip Miscimarra issued three pivotal, 3-2 decisions that will substantially benefit employers going forward in three areas: (1) employee handbooks; (2) joint employment; and (3) bargaining...