NLRB Archives - Kollman & Saucier P.A.

Woodford Reserve Distillery Ordered to Bargain with Union Despite Winning a Representation Election

Clifford Geiger

04/15/2024

In August 2022, the Teamsters Union notified Woodford Reserve Distillery that its employees were organizing. Managers then held meetings with employees to speak about the organizing campaign. By the first week of October 2022, the employer believed that 50-60 percent of the employees had signed union authorization cards, primarily motivated by a desire for increased wages. By October 11, the Company decided to announce a $4 per hour across-the-board...

Vincent Jackson

04/01/2024

NLRB

Earlier this week, the U.S. Court of Appeals for the D.C. Circuit overruled a recent decision of the National Labor Relations Board finding that an employer engaged in unfair labor practices by “surveilling” union activity and issuing disproportionate punishment to a union activist. The case, Stern Produce Company v. NLRB, involved two separate incidents: (1) a driver who was sent a text message from a supervisor advising him that he had to...

Kollman & Saucier

03/15/2024

NLRB, Uncategorized

A federal district court in Texas struck down the National Labor Relation Board’s (NLRB or the Board) new joint employer rule that was set to take effect March 11th. However, this may not be the end of the road for the NLRB’s new joint employer rule. The NLRB’s new joint employer rule expanded the conditions and types of control over terms of employment that trigger a finding of a joint employer relationship. The NLRB outlined seven factors of...

Mathew Moldawer

02/16/2024

NLRB, OSHA, Protected Concerted Activity

The Occupational Safety and Health Administration (OSHA) is poised to implement a rule allowing union representatives to accompany OSHA Certified Safety and Health Officials (CSHOs) during workplace inspections. The notice of proposed rulemaking was included in the August 30, 2023 issue of the Federal Register. Comments were due on October 30, 2023. The proposed regulation now sits with the White House in what appears to be the last step before...

Kollman & Saucier

02/02/2024

Labor Law, NLRB

It can be tempting to freely air thoughts and grievances on your cozy corner of the Internet, but lest we forget “the Internet is forever.” That’s true if you are an ordinary person or the richest person in the world. Last week the full Fifth Circuit reheard Tesla, Inc.’s appeal from the NLRB decision made in 2021. The Fifth Circuit’s decision in this matter has broad implications for the First Amendment rights of employers. The issue...

Kollman & Saucier

01/23/2024

Employment Discrimination, Labor Law, NLRB

Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...

Clifford Geiger

01/12/2024

Labor Law, NLRB

Section 8(a)(1) of the National Labor Relations Act (the “Act”) makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7" of the Act. Section 7 guarantees employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, which would include employees working together to seek higher...

Kollman & Saucier

12/18/2023

Labor Law, NLRB

To call Starbucks’ relationship with Starbucks Workers United union (Workers United) strained is an understatement. The relationship began in December 2021 when Workers United’s campaign in Buffalo, NY resulted in the first unionized Starbucks store. Since then, workers at over 400 Starbucks stores have voted to unionize nationally, many represented by Workers United. Hundreds of unfair labor practice charges have also been filed on both...

Mathew Moldawer

11/20/2023

Agency Activity, Labor Law, NLRB, Union Activity

The National Labor Relations Board (NLRB) has taken two affirmative steps to cement the Cemex doctrine into current labor law. First, the NLRB Office of General Counsel, headed by Jennifer A. Abruzzo, issued Memorandum GC 24-01, Guidance in Response to Inquiries about the Board’s Decision in Cemex Construction Materials Pacific LLC. Abruzzo stated in the guidance that “the Cemex Board took issue with the prior focus on the potential impact...

Mathew Moldawer

11/16/2023

Joint Employer, Labor Law, NLRB

In September 2022, the National Labor Relations Board (NLRB) proposed a new rule to determine joint-employer status. The new rule, adopted in October 2023, will take effect on December 26, 2023, and be applied prospectively.[1] One of the more controversial aspects of the new rule is that it removes the requirement that a putative employer actually exercise control over those essential terms and conditions of employment.[2] In fact, an employer...

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Woodford Reserve Distillery Ordered to Bargain with Union Despite Winning a Representation Election

D.C. Circuit Overrules NLRB On Worker “Surveillance” Case

The Future of the NLRB’s New Joint Employer Rule Remains Unclear

Union Representatives and OSHA Inspections

“Retweet”: Fifth Circuit Takes Up Free Speech Under NLRA

Big Changes on the Horizon for College Sports?

Accidental Disclosure of Salary Information Leads to Unfair Labor Practice

Starbucks Forgot To Engage In Effects/Impact Bargaining, Now The NLRB Wants It To Reopen Stores

Is The Cemex Doctrine Is Here to Stay?

Joint-Employer Rule Faces Early Legal Hurdle

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Category: NLRB

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