The Trend to Adopt Mandatory Employment Arbitration Programs

In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and … Continue reading

Posted in Arbitration, NLRA, NLRB | Tagged , , , ,

Share this Article:

The Labor Board Gives Unionized Employers More Flexibility Managing Their Workforce

It is well established that, in general, employers, whose employees are represented by a union, commit unfair labor practices by making any material, substantial and significant change regarding most terms and conditions of employment affecting the unionized employees, without first … Continue reading

Posted in Labor, NLRA, NLRB, Unions | Tagged , ,

Share this Article:

Scalia Fills Labor Role

Just as businesses were expressing cautious optimism over the interim replacement of Labor Secretary Acosta by veteran GOP operative and business ally Patrick Pizzella,  on July 18, 2019 the President announced plans to nominate business attorney Eugene Scalia to fill … Continue reading

Posted in Labor, NLRA, NLRB | Tagged , , , , ,

Share this Article:

Concerted Activity or Mere Griping?

Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that … Continue reading

Posted in Labor, NLRA, NLRB | Tagged , , ,

Share this Article:

The April 2019 Snell & Wilmer “Under Construction” Newsletter Out

The spring edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Walker Crowson provides a useful overview of New Mexico’s construction law. While Jerry Morales addresses picketing threats which … Continue reading

Posted in New Mexico, NLRA, NLRB, Unions | Tagged , , ,

Share this Article:

Employment Handbooks and Confidentiality

Employers frequently ask if they can maintain rules  requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National Labor Relations Board (NLRB) concludes that such rules … Continue reading

Posted in Confidentiality, Handbook, NLRA, NLRB | Tagged , , , , , ,

Share this Article:

Union Dues Checkoff: Update from NLRB

A recent Memorandum issued by  the General Counsel (GC) of the National Labor Relations Board (NLRB)  (GC 19-04, February 22, 2019), discusses issues  of importance to all employers and in particular to employers that have union contracts that provide for … Continue reading

Posted in NLRA, NLRB, Pay, Unions | Tagged , , , , , , ,

Share this Article:

Union Agency Fees & Lobbying

In the 27 right to work states, currently in the country, union nonmembers may not be required to pay  fees to private sector unions as a condition to obtain or retain employment. In the rest of the states  – union security … Continue reading

Posted in NLRA, NLRB, Unions | Tagged , , , , , , , , , , , ,

Share this Article:

Picketing Threats

Letters from unions to owners, general contractors, and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s  plans to engage … Continue reading

Posted in NLRA, NLRB, Unions | Tagged ,

Share this Article:

Concerted/Protected Activities: Single Employee Complaints

We frequently confront the question of whether  complaints by a single employee to a supervisor about some condition of employment, such as double standard with respect to disciplinary actions against  employees or favoritism in  job assignments, constitute concerted/protected activity. Concerted/protected … Continue reading

Posted in Labor, NLRA, NLRB | Tagged , , , , ,

Share this Article: