Employee Facebook Activity Not Disloyal Enough To Be Grounds For Valid Discharge

Clifford Geiger
Clifford Geiger
10/22/2015
The Second Circuit recently affirmed a National Labor Relations Board (Board) decision that Triple Play Sports Bar and Grille illegally fired two employees for Facebook posts about their employer’s handling of payroll tax withholding. Three D, LLC v. NLRB, 2d Cir., No. 14-3284, 10/21/15. In a Facebook status update a former employee posted “[m]aybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the...
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Democrats Propose Major Overhaul of Federal Labor Laws

Eric Paltell
Eric Paltell
10/08/2015
In the past several weeks, Democratic leaders in Washington have proposed a a series of dramatic changes to federal labor laws intended to make it easier for labor unions to organize workers. On September 16, 2015, Senator Patty Murray (Wa.) and Representative Bobby Scott  (Va.) introduced the "Workplace Action for a Growing Economy" (WAGE) Act (H.R. 4514; S.2042).  The legislation would amend the National Labor Relations Act to allow workers to...
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Obama NLRB Overhauls “Joint Employer” Standard

Kollman & Saucier
Kollman & Saucier
09/01/2015
In a move less surprising for its outcome than the breadth of its likely effects, President Obama’s NLRB adopted, by a 3-2 vote, a new standard for joint employers in Browning-Ferris Industries. Case 32-RC-109684 (Aug. 27, 2015). The aftershocks of the Board’s decision, which overturned three decades of stable case law, may very well revamp the landscape of collective bargaining. Section 8(a)(5) of the National Labor Relations Act (NLRA)...
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NLRB Sends Northwestern Players Union to the Bench

Eric Paltell
Eric Paltell
08/19/2015
The highly publicized effort by Northwestern University's football players to form a union  was thrown for a big loss this week when the NLRB unanimously dismissed the union's representation petition.  Northwestern Univ.,  362 N.L.R.B. No. 167 (8/17/15).  Reversing the March 2014  decision of the NLRB Regional Director in Chicago, the full Board found that the control the NCAA and athletic conferences such as the Big 10  exerts over...
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NLRB Has Jurisdiction Over Little River Band

Darrell VanDeusen
Darrell VanDeusen
06/11/2015
For those of us of a certain age, the “Little River Band” conjures memories of a ‘70’s light rock band and the song “Reminiscing.” And yes, they are still touring (they will be in Annapolis, Maryland in November). But that is not this case. We’re talking here about a Sixth Circuit decision, 2-1, that held the NLRA applies to a Michigan casino run by a Native American tribe on Indian land that employs mostly people who are not tribal...
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NLRB ISSUES COMPLAINT AGAINST HOSPITAL FOR SCHEDULING ITS OWN EMPLOYEES

Peter Saucier
Peter Saucier
06/05/2015
One thing about which unions and employers ordinarily agree is that it is the right and obligation of management to manage. Employers want to manage and unions want to retain the right to claim that the employer did not manage when it should have done so. That makes a recent decision by the NLRB to issue a complaint against a hospital interesting. Armstrong County Memorial Hospital, No. 6-CA-144586, complaint issued 5/27/15. In 2014, licensed...
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NLRB Strikes Down Employer's "No-Button" Rule

Randi Klein Hyatt
Randi Klein Hyatt
05/11/2015
Another day, another employer policy that violates employees’ Section 7 rights. In this case, Boch Imports, Inc. and International Association of Machinists & Aerospace Workers, case 01-CA-083551, the Board was asked to review an employer’s social media policy and prohibition against certain clothing and pins. Not surprisingly, the Board found these actions impermissibly restrained employees’ rights to discuss the terms and conditions of...
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F*** My Boss; F*** his mother; F*** his family… Fuggetaboutit

Darrell VanDeusen
Darrell VanDeusen
04/07/2015
So, what’s the big deal?   That doesn’t get you fired. At least that’s what the NLRB says. As long as you say it on Facebook during a union campaign. And you’re a union supporter. And you add “Vote YES for the union.” Pier Sixty, LLC, 362 NLRB No. 59 (March 31, 2015). Hernan Perez worked for Pier Sixty, a catering company in New York City. Some employees wanted a union, “in part because of concerns that management repeatedly treated...
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Religious Universities No Longer Sacred Ground For Union Organizing

Randi Klein Hyatt
Randi Klein Hyatt
12/31/2014
For approximately thirty years, religious colleges and universities could sleep easy at night knowing that the Establishment and Free Exercise clauses of the First Amendment generally shielded them from the long arms of the National Labor Relations Act. However, a recent decision from the National Labor Relations Board greatly expands the reach of the NLRA and establishes a new test for union organizing at religious schools. Pacific Lutheran...
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NLRB Requires Employers to Disclose Employees' Personal Email Addresses & Phone Numbers to Unions

Eric Paltell
Eric Paltell
12/15/2014
I thought that  headline might grab your attention.   Shocking as it may sound, that is one of the requirements of the NLRB's new 700 page  rule  on representation elections.   The rule is published in the Federal Register today, and takes effect on April 14, 2015. The rule was first issued in 2011 but later was invalidated by a federal court because the Board lacked a quorum when it was enacted. Chamber of Commerce of the U.S. v. NLRB, 879...
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