NLRB General Counsel Issues Handbook on Handbook Rules
Following up on the NLRB’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) detailing how NLRB...
View ArticleUnion Not Entitled to Information About How Employer Spends Money From Tax...
In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a...
View ArticleNLRB Office of the General Counsel Advises that Uber Drivers Are Not...
In an Advice Memorandum dated April 16, 2019, but released on May 14, 2019, the NLRB’s General Counsel staked out a position in one of the most contentious and influential questions in labor and...
View ArticleUsing a Cat to Chase the Inflatable Rat: NLRB General Counsel Urged...
Continuing its efforts to overturn precedent, the NLRB General Counsel’s Division of Advice has issued a new advice memorandum looking to strike at the most recognizable sign of unionism in urban areas...
View ArticleNLRB General Counsel Issues Guidance on the Duty to Bargain During Emergencies
On March 27, 2020, NLRB General Counsel Peter Robb issued Memorandum GC-20-04 to provide guidance to NLRB regional offices and the general public. Acknowledging that “we are [currently] in an...
View ArticleNLRB Division of Advice Dishes Some Guidance With Respect to COVID-Related...
The pandemic has thrown a number of obstacles at employers and employees as everyone attempts to navigate a novel situation. On August 13, 2020, the National Labor Relations Board (“NLRB”) Division of...
View ArticleNLRB Advice Memorandum: Firing Employees Because of Discussions Related to...
In an Advice Memorandum released Thursday, the NLRB’s Division of Advice concluded that employees who discussed an employer’s tip-pooling practices engaged in protected concerted activity, such that...
View ArticleNo Duty To Bargain Over Discipline During Contract Hiatus, NLRB Division of...
The NLRB has been active but quiet during the last few months as the agency quietly reaffirms decisions nullified by the Supreme Court. By all accounts, however, and as history has proved, the NLRB is...
View ArticleSearch Of Company Vehicle Not Employee Interview Triggering Weingarten...
The scope of a union-represented employee’s right to have a union representative present during an investigatory interview is one of the more interesting areas of labor law. Even though most people...
View ArticleNLRB Ditches Effort To Expand Weingarten Rights to Non-Union Workplaces
Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members,...
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