1. August 2, 2017

    Fifth Circuit Refuses to Enforce NLRB’s Decision that Employer Rule Requiring “Positive” Work Environment Violates NLRA

    BY: Thomas Lenz, L. Brent Garrett

    Employers that have become exasperated at the regulatory zeal of the National Labor Relations Board (NLRB) in the area of workplace policies scored a welcome victory in the Fifth Circuit Court of Appeals.  In T-Mobile USA, Inc. v. National Labor Relations Board, 2017 WL 3138612 (5th Cir. July 25, 2017), the Fifth Circuit refused to […] more

  2. July 28, 2017

    Court of Appeals Finds West Coast Labor Agreement Exempt from Antitrust Laws

    BY: Thomas Lenz, L. Brent Garrett

    On July 24th, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of an antitrust claim against a labor union and a multi-employer collective bargaining association. In International Longshore and Warehouse Union et al. v. ICTSI Oregon, Inc. (9th Cir., July 24, 2017), 2017 WL 3122767, the Court of Appeals held that actions […] more

  3. July 7, 2017

    Court of Appeals Upholds Jimmy John’s Franchisee’s Termination of Employees Who Publicized Misleading Claims about Their Employer

    BY: Thomas Lenz, L. Brent Garrett

    On July 3rd, the U.S. Court of Appeals for the Eighth Circuit decided a case involving the interplay between Sections 7 and 10(c) of the National Labor Relations Act (NLRA). On the one hand, employers may not discharge employees for engaging in activities protected by Section 7 of the NLRA, including employees’ communications to third […] more

  4. June 30, 2017

    William Emanuel Selected for Nomination for National Labor Relations Board Vacancy

    BY: Thomas Lenz, L. Brent Garrett

    On June 27th, President Trump announced the selection of William Emanuel, an experienced management-side labor attorney in private practice, for the second of two vacancies on the National Labor Relations Board. The NLRB oversees and adjudicates union elections and disputes between employers, workers, and unions. It also enacts rules and regulations in furtherance of its […] more

  5. June 26, 2017

    New Nominee Announced for the National Labor Relations Board

    BY: Thomas Lenz, L. Brent Garrett

    On June 19th, President Trump announced his intention to nominate attorney Marvin Kaplan, a Republican, to the National Labor Relations Board. Kaplan currently serves as Chief Counsel of the Occupational Safety and Health Review Commission. Previously, Kaplan worked with the U.S. House of Representatives. The NLRB, which oversees union elections and disputes between employers, workers, […] more

  6. June 22, 2017

    Company Held Accountable for Supervisor’s Text Message Questioning Union Activity

    BY: Thomas Lenz, L. Brent Garrett

    On June 7, the National Labor Relations Board (“NLRB” or “Board”) ruled that a company committed an unfair labor practice by unlawfully interrogating and discharging an employee. Specifically, in RHCG Safety Corp. and Construction & General Building Laborers, Local 79, LIUNA, 356 NLRB No. 88, 2017 WL 2497155, the NLRB found National Labor Relations Act […] more

  7. July 5, 2016

    NLRB Orders Restoration of Employer’s Railcar Operations

    BY: Ronald Novotny

    One of the principal criticisms aimed at the National Labor Relations Board in recent years is its penchant for ordering businesses to restore facilities or operations which it has decided to relocate elsewhere.  In the recent case of Gunderson Rail Service, LLC decided June 23, 2016, the NLRB did just that, by ordering a Tucson, […] more

  8. June 30, 2016

    Nationwide Injunction Blocks DOL Persuader Rules Enforcement

    BY: Thomas Lenz

    The US Department of Labor (DOL) recently finalized regulations affecting employers and trade associations across the US.  Those regulations would require reporting of engagement with legal counsel involved in direct or indirect persuasion of employees on matters of union representation.  The stated goal of the regulations was to bring into public view the point that […] more

  9. June 14, 2016

    DC Circuit Approves the NLRB’s Award of Bargaining Expenses for Bad Faith Bargaining

    BY: L. Brent Garrett

    The National Labor Relations Board (NLRB) furthered its quest to expand the remedies available under the National Labor Relations Act (NLRA) with a recent victory in the DC Circuit.  In Camelot Terrace, the DC Circuit held that the NLRB may order an employer to reimburse a union for its bargaining expenses for instances of “flagrant” […] more

  10. June 1, 2016

    NLRB Limits an Employer’s Right to Permanently Replace Economic Strikers

    BY: L. Brent Garrett

    A new NLRB decision dramatically restricts the ability of employers to “permanently replace” economic strikers.  See Piedmont Gardens, 364 NLRB No. 13 (May 31, 2016).  Since the Supreme Court’s landmark decision of NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), it has been understood that employers have a broad right to “permanently […] more


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