NLRB Archives - Kollman & Saucier P.A.

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

Mathew Moldawer

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...

Mathew Moldawer

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...

Garrett Wozniak

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...

Mathew Moldawer

06/28/2023

NLRB

In general, when an employer subject to a collective bargaining agreement (CBA) closes a facility or shuts down a business, the employer should inform the union of its plans – failure to do so could cost the company. The concept is referred to as “affects bargaining,” and is the subject of a recent National Labor Relations Board (NLRB) decision, Tec-Cast, Inc. (NLRB June 21, 2023). Tec-Cast is a New Jersey corporation that produces wax...

Clifford Geiger

05/31/2023

NLRB, Restrictive Covenants

First confidentiality and non-disparagement provisions in severance agreements were declared unlawful, and now Jennifer Abruzzo, General Counsel for the National Labor Relations Board, has taken the same view of most non-compete agreements. On May 30, 2023, the General Counsel issued an advisory memo detailing her view that non-compete provisions in employment contracts “interfere with employees’ exercise of rights under Section 7 of the...

Kollman & Saucier

03/02/2023

Confidentiality, NLRB, Severance Agreements

All employers (yes, including non-unionized employers) need to consider removing from any severance agreements entered into with employees leaving the organization, generalized language that prohibits the employee from disparaging the organization (or its affiliates, officers, directors, employees, and the like) as well as requiring the employee to keep the severance agreement, events leading up to it, and any negotiations as confidential. In...

Kollman & Saucier

10/31/2022

Labor Law, NLRB

On October 31, 2022, the General Counsel to the National Labor Relations Board, Jennifer Abruzzo, issued a memorandum on the legality of an employer's use of electronic surveillance and algorithm-driven management. In Memorandum GC 23-02, the General Counsel announced her intention to seek a new legal framework to analyze whether the use of such tools in the workplace violates the National Labor Relations Act. Over the past decade, employers...

Darrell VanDeusen

06/06/2022

Labor Law, NLRB

I last blogged in April and wrote about the next generation of union organizing and the current efforts by the NLRB’s General Counsel to overturn long standing Board precedent. Increased efforts to organize Starbucks, Amazon and Apple cannot and should not be ignored. And lots of media attention is directed at the issue. Often, however, the view is that it’s conscience shocking to believe some employees might NOT want to be in a union. ...

Kollman & Saucier

05/27/2022

Labor Law, NLRB

On May 20, 2022, the U.S. Court of Appeals for the Third Circuit issued its decision in FDRLST Media, LLC, v. NLRB, 2022 U.S. App. LEXIS 13664 (3d Cir. May 20, 2022), holding that a non-related party could pursue an unfair labor practice (ULP) claim against the right-leaning online magazine The Federalist. The court also held, however, that no ULP was committed by the editor’s tweet about sending employees back to the “salt mine.” In...

Kollman & Saucier

02/26/2020

Joint Employer, NLRB

Last month, as we reported, the Department of Labor (DOL) issued a Final Rule on the proper interpretation of joint employers within the meaning of the Fair Labor Standards Act (FLSA). Now, the National Labor Relations Board (NLRB) has followed suit and today announced its Final Rule on Joint Employer Status Under the National Labor Relations Act (NLRA). The NLRB has removed itself from the liberal interpretation it has afforded the...

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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

New Jersey Company Must Provide Back Pay To Laid-off Employees After Failure To Engage In Effects Bargaining

NLRB General Counsel Says Non-Competes Usually Violate The NLRA

NLRB Reverses Position and Invalidates Non-Disparagement and Confidentiality Clauses Within Severance Agreements

NLRB General Counsel Issues Guidance on Employer Use of Electronic Surveillance

NLRB: No Union, No More Was OK

“Back to the Salt Mine” Not Anti-Union Threat, Says Third Circuit

NLRB Issues Final Joint Employer Rule

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Category: NLRB

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