Tag: Unfair Labor Practice (ULP)

Back to the Salt Mines: Not a Veiled Antiunion Threat

President Joe Biden has made clear he intends to be “the most pro-union president you’ve ever seen.” The National Labor Relations Board’s (NLRB) recent initiatives under the direction of General Counsel (GC) Jennifer Abruzzo are definitely in line with the administration’s pro-union regulatory agenda. Abruzzo has recently targeted what employers may communicate regarding unionization. What […]


Gambling on independent contractor status? Stack the deck in your favor

by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors.  What’s all the fuss about? Various government agencies have been increasingly […]

Should you settle that pesky NLRB charge?

by Frank Rox At the outset, it is worthwhile to take a look at the rather grim statistical picture. In fiscal year (FY) 2011, the National Labor Relations Board’s (NLRB) regional offices won 88 percent of unfair labor practice (ULP) and compliance cases decided by the Board and administrative law judges (ALJs). Of the ULP […]

Are employer codes of conduct meaningless in today’s NLRB climate?

by Michael J. Westcott Based on the National Labor Relations Board’s (NLRB) recent attack on employer codes of conduct, employers need to rethink their approach to communicating to employees the kinds of conduct that are prohibited and expected in the workplace.  Weapon of choice: NLRA Section 7 Many “old school” employers provide employees with work […]

OSHA and the NLRB gang up on employers

by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).   Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]

Another setback for NLRB’s proposed posting rule

by Brian R. Garrison Continuing what has been a recent trend, the U.S. Court of Appeals for the District of Columbia Circuit has issued another decision against the National Labor Relations Board (NLRB). On May 7, the court determined the Board’s proposed rule mandating that employers display posters explaining employee rights under the National Labor […]