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 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

  3. 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

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