Medieval Times Files Trademark Lawsuit Against Newly-Formed Union

Vincent Jackson
Vincent Jackson
10/20/2022
In a fascinating intersection of labor relations and trademark law, Medieval Times has sued a newly-formed union for improperly adopting and using its MEDIEVAL TIMES® trademark.   The case, filed in the United States District Court for the District of New Jersey on October 13, 2022, seeks an injunction against the Union—Medieval Times Performers United—for unauthorized misappropriation of the MEDIEVAL TIMES mark.  Medieval Times (the...
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More (Possible) Labor Pains

Darrell VanDeusen
Darrell VanDeusen
04/13/2022
Earlier this week I wrote about some developments in labor law.  I thought my second blog would be about something completely different.  But wait, there’s more. On Wednesday, April 12, the NLRB’s General Counsel, Jennifer Abruzzo, through her deputy GC, filed a brief to the Board that claims a former NLRB associate general counsel – in 1969 – “misrepresented controlling board law” in an argument before the U.S. Supreme Court,...
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More That’s New in Labor Law

Darrell VanDeusen
Darrell VanDeusen
04/11/2022
It has been a big last few weeks in labor law circles.  First, Amazon got unionized in New York by a little-known independent union that didn’t even exist 18 months ago.  President Biden expressed support for the unionizing of Amazon workers saying “Amazon, here we come” in a recent speech.   The President, of course, has been and continues to be a strong supporter of unions. But, as reported in the New York Times, “organized labor has...
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NLRB General Counsel Targets "Captive Audience" Meetings

Eric Paltell
Eric Paltell
04/08/2022
In an April 7, 2022 Memorandum to Regional Directors, NLRB General Counsel Jennifer Abruzzo announced that she will be asking the NLRB to outlaw so-called "captive audience" meetings.  Captive audience meetings refer to meetings between employers and employees during an employee's paid work time where the employee is required to listen to the employer (or its representative) explain the company's position on unions.  Such meetings have long been...
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NLRB Hearing Officer Recommends Ordering of New Election in Alabama Distribution Center

Jordan Dunham
Jordan Dunham
08/16/2021
On April 2021, the employees of an Amazon distribution center located in Bessemer, Alabama overwhelmingly voted against representation, much to the dismay of the Retail, Wholesale and Department Store Union.  More than half of the nearly 6,000-employee workforce cast votes.  Of those votes, more than two-thirds were tallied against representation. Following the election, the Union filed objections, and a NLRB hearing officer has now delivered her...
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Federal Court Blocks Implementation Of New Election Rules

Clifford Geiger
Clifford Geiger
06/02/2020
In December 2019 the National Labor Relations Board (“NLRB”) issued a final rule to amend the procedures to be followed in union representation cases.  The NLRB said the purpose of the final rule was “to permit parties additional time to comply with various pre-election requirements instituted in 2015, to clarify and reinstate some procedures that better ensure the opportunity for litigation and resolution of unit scope and voter...
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Could New York City’s New Bill Hurt Unions?

Randi Klein Hyatt
Randi Klein Hyatt
04/04/2019
In March, New York City Councilman Brian Lander introduced a bill that could change the union gameplan in one of the world’s biggest cities.  The bill Lander proposed would put an end to at-will employment in the fast food industry in NYC and require that all terminations be only for just cause.  The bill defines "just cause" for termination as an “employee’s failure to satisfactorily perform job duties or misconduct that is demonstrably and...
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NLRB Union Protests Board Chair and GC

Darrell VanDeusen
Darrell VanDeusen
11/12/2018
The National Labor Relations Board, we are told, is supposed to be the neutral government agency that addresses workplace issues between unions and employers.   And I saw a pink unicorn on the way to work this morning.   It is not unusual to hear employers sometimes suggest they are skeptical of the Board’s supposed “neutral” stance.  A number of decisions coming from the NLRB during the Obama presidency could be characterized as...
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ALJ Rules Union Steward May Use a Cell Phone to Secretly Record a Meeting with Management

Clifford Geiger
Clifford Geiger
04/28/2017
An employer commits an unfair labor practice if it maintains a work rule that tends to chill employees in the exercise of their rights under Section 7 of the National Labor Relations Act.  Section 7 gives private sector employees the right to organize and “to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Marcus Davis is a sales associate for AT&T Mobility, LLC at...
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Court Permanently Enjoins DOL Persuader Rule

Eric Paltell
Eric Paltell
11/18/2016
As we have previously reported,  in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly  restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...
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