1. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. May 16, 2016

    NLRB General Counsel Pushes To Insulate Unpopular Unions From Expedited Decertification

    BY: Thomas Lenz, L. Brent Garrett

    In a new enforcement memorandum, the NLRB General Counsel has directed the Regional Offices to pursue litigation opportunities to overturn existing law on withdrawal of union recognition.  See Memorandum GC 16-03 (5/9/16).  Under current law, an employer may withdraw union recognition when presented with objective evidence of an actual lack of majority support among the […] more

  7. May 10, 2016

    Welcome to AALRR’s New Labor Relations Law Blog

    BY: L. Brent Garrett, Thomas Lenz, Brigham Cheney

    To stay informed and to better serve our clients, Atkinson, Andelson, Loya, Ruud & Romo labor law attorneys keep on top of the latest statute and rule changes, whether these changes are actual, proposed, or even rumored. We also stay current on the most recent decisions from courts and administrative boards. We don’t merely learn […] more

  8. May 9, 2016

    NLRB Strikes Down Employer Policy Prohibiting Electronic Recording In The Workplace

    BY: L. Brent Garrett

    The National Labor Relations Board (NLRB) continued its assault on employer handbook rules by invalidating an employer’s policy against electronic recording in the workplace.  See T-Mobile USA, Inc., 363 NLRB No. 171 (April 29, 2016).  The ruling signals that the current NLRB is intent on allowing, and encouraging, employees to use smartphone recording technology in […] more