Category Archives: Labor

Due to the nature of the political appointment process for NLRB members, Board law often changes as the political makeup of the Board shifts. Although the Board is free to change its interpretation and application of its prior decisions, it cannot do so without explaining why the prior precedent should no longer be applied, as… Continue Reading

On April 27, 2012, an NLRB Administrative Law Judge issued another decision in the growing body of cases involving employee use of social media. In Design Technology Group, LLC d/b/a Bettie Page Clothing (“Bettie Page”) and Vanessa Morris, Case 20-CA-3551, the ALJ found that the employer violated the National Labor Relations Act when it fired… Continue Reading

The soap opera that has become the NLRB’s notice-posting rule continues. As we reported last week, there is a split in the courts over whether the NLRB has the authority to require private-sector employers to post a “Notice of Employee Rights.” The first court to consider the issue upheld the posting requirement, while striking down… Continue Reading

Last week, we reported that the United States District Court for the District of Columbia upheld the NLRB’s notice-posting rule in part. The court’s ruling upheld the portion of the rule requiring the posting of the notice, but struck down the parts of the rule that would have created a new unfair labor practice for… Continue Reading

We’ve been following the NLRB’s controversial changes to union election case procedures. The proposed rules—which strip employers’ of their rights to litigate many issues in a hearing, limit parties’ appellate rights, and have the potential to dramatically decrease the time between the filing of a union election petition and the election—are currently set to take… Continue Reading

A recent EAT decision has looked at the tricky area of a workers’ entitlement to holiday pay and the ability to carry over holiday from one year to the next. The case considered whether a worker who neither took, nor tried to take, holiday entitlement during a number of years’ absence was entitled to statutory… Continue Reading

Today, the NLRB voted 2–1 to adopt a resolution put forth by Chairman Pearce that will result in significant changes to the Board’s representation case procedures—changes that most view as decidedly pro-union. Under the Board’s current rules, an employer has the unqualified right to insist on a pre-election hearing, at which it can introduce testimony and evidence, and file a post-hearing… Continue Reading

  This week (and just prior to the expiration of Chairman Liebman’s term), the NLRB released two significant decisions, each of which undo procedural safeguards put in place by prior Board decisions to ensure employee free choice. First, in Lamons Gasket Co., 357 NLRB No. 72, the Board reversed its 2007 decision in Dana Corp. Under Dana Corp., employers who voluntarily recognized… Continue Reading

Mobile apps burst onto the scene a few years ago, never to go back. Some apps have become quite well know for their entertainment value (think Angry Birds). Other apps are developed for productivity and business. If you can think of it, there probably is an app for it (or one is coming soon). Over… Continue Reading