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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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Fighting Abuse in the Workplace – NLRB Examines Employee Abusive Conduct Under NLRA Law
Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors. Even though the employees’ opinions or arguments on the subject matter discussed at those meetings may constitute … Continue reading
Employers May Face Higher Damages in NLRB Cases
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The … Continue reading
Scabby Is Protected
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair … Continue reading
A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California
In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the purpose of promoting union efforts. The Court’s … Continue reading
Union Elections by Mail — Mail-Ballot Solicitation
In a very recent case, the National Labor Relations Board (“NLRB”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot solicitation. The case is of interest to employers … Continue reading
Protected Activity or Disloyalty
In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which the employee could not be … Continue reading
Affinity Groups and Labor Laws
Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To … Continue reading
Inherently Concerted Activities
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether … Continue reading
Posted in NLRB
| Tagged Concerted Activity, NLRA, NLRB, Protected Concerted Activity
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The PRO Act’s Potential Effect on Employers
On Tuesday, March 9, 2021, the House of Representatives passed the Protecting the Right to Organize (PRO) Act. With the PRO Act, House and Senate Democrats seek to amend the National Labor Relations Act. Here, we outline a few key … Continue reading
Employer Rules Prohibiting Illegal Strikes, Slowdowns and Walkouts
On July 30, 2020, the National Labor Relations Board (Board), issued a decision on the legality of an employer rule that prohibited employees from engaging in “illegal” strikes. The Board decision on this issue is of significant importance for employers. … Continue reading