Tag: National Labor Relations Board


7th Circuit Holds Winery Violated NLRA Over ‘Cellar Lives Matter’ Slogan

The 7th Circuit recently upheld a decision from the National Labor Relations Board (NLRB) in a case involving Woodbridge Winery. The ruling cemented employees’ right to display a pro-union message on their clothing, despite the employer’s actions to remove the messaging from the workplace. The National Labor Relations Act (NLRA) protects an employee’s right to […]

NLRB General Counsel issues guidance on lawful handbook policies

by Lisa Berg Nonunion employers often believe they don’t have to worry about decisions from the National Labor Relations Board (NLRB). Well, think again! On March 15, 2015, NLRB General Counsel Richard F. Griffin issued a 30-page memo (Memorandum GC 15-04) that provides guidance on handbook policies the NLRB considers unlawful. The memo focuses on […]

Quickie election rules are coming—are your managers and supervisors ready?

by Robert M. Vercruysse In February 2014, the National Labor Relations Board (NLRB) once again announced that it was going to change the rules for Board-conducted elections. This time, there is a properly appointed five-member NLRB. The Board’s previous attempt to change the election rules failed because the courts held that it didn’t have a […]

Employer Violated NLRA by Firing Workers for Facebook Postings

Clothing retailer Bettie Page must reinstate three terminated employees with back pay and rescind an unlawful handbook rule, said the National Labor Relations Board in affirming a lower court’s finding that the employer violated several provisions of the National Labor Relations Act. The NLRB agreed that the employer violated the NLRA’s prohibition of unfair labor […]

Social Media: HR Should Heed Two Lessons From New NLRB Report

Based on recent case law, when it comes to social media, human resources (HR) professionals need to be mindful of the scope of their policies, as well as the context of employee comments on that platform, according to the National Labor Relations Board (NLRB). On Jan. 24, NLRB Acting General Counsel Lafe Solomon released his […]

Social Media: NLRB Says Employees’ Job Complaints on Facebook Are Protected

An employer violated the National Labor Relations Act (NLRA) by firing five employees who complained on Facebook — off-hours — about their jobs, an administrative law judge for the National Labor Relations Board (NLRB) held. So the employer must do penance by rehiring them and making them whole for any loss of earnings and other […]

2010 Elections — a Game Changer in Congress

by David S. Fortney and J. Robert Brame Editors, Federal Employment Law Insider The historic 2010 elections for the 112th Congress will significantly alter how Washington operates. The Republicans gained more seats than during any election since 1948, and we now move forward with a politically divided government following two years of Democratic control of […]

For Marijuana Workers’ Union, Hope Sprouts Eternal

by Mark I. Schickman You may have heard that California is going broke. As we look for more ways to generate revenue, one idea keeps cropping up: Move marijuana out of the underground economy and develop a new tax-generating agricultural product. Medical marijuana clubs have sprouted all over the state, and the November general election […]

Supreme Court Holds Two-Member NLRB Lacked Quorum, Authority

This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed. In addition […]

Obama to Appoint Controversial NLRB Nominee Craig Becker

On March 27, President Barack Obama announced his intent to use his constitutional power to make appointments while Congress is in recess to appoint Democrat Craig Becker to the National Labor Relations Board (NLRB). This is the first time the President has used recess appointments. Becker, a union attorney, has been a controversial nominee since […]