At the end of 2017, the NLRB issued a decision reversing the enhanced “overwhelming” community of interest standard and its much derided “micro units” in determining the appropriate unit for representational purposes. In its 3-2 decision in PCC Structurals, Inc., 365 NLRB No. 160 (2017), the NLRB re-adopted the traditional test, which considers factors such […]
A new tide of political involvement has swept the nation after the election of President Donald Trump. Groups of people are marching, participating in Town hall rallies, and organizing at the grass roots level at an unprecedented rate. Recently, the group that organized the Women’s March on Washington has announced that they are organizing a Woman’s […]
President Trump has tapped National Labor Relations Board Member Philip Miscimarra to be acting Chairman. Mr. Miscimarra will replace Mark Gaston Pearce who served as the NLRB Chairman under President Obama since 2011. Mr. Miscimarra is a graduate of the University Of Pennsylvania School Of Law and the Wharton School of Business. Prior to joining […]
A recent decision from the National Labor Relations Board (“NLRB”) may significantly weaken the “management rights” clauses found in many collective bargaining agreements. A management rights clause reserves certain rights to management, often anything not covered by the collective bargaining agreement. When a right is reserved to management, it can be changed unilaterally by the employer without […]
In follow up to our previous post (May 9, 2011) regarding the National Labor Relations Board’s (“NLRB”) treatment of social media, the NLRB released further guidance in an effort to assist employers in evaluating the legality of social media policies and practices. The NLRB’s social media report analyzes 14 cases, involving both social media policies and employee discharge for […]
If you are an employer that maintains a mandatory arbitration agreement that waives the rights of employees to participate in class or collective actions, your arbitration agreement may be in violation of the National Labor Relations Act (“NLRA”). Pursuant to the National Labor Relations Board’s (“NLRB”) recent decision in D.R. Horton, Inc., 357 NLRB. No. 184 […]
