Employees’ Duty of Loyalty

In a recent decision, the National Labor Relations Board (Board) dealt with the issue of the employer’s right to require loyalty from its employees. The Board’s decision on this issue is of significant importance to employers. Click here to continue … Continue reading

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Criticizing the Employer’s Workplace Diversity and Inclusion Policies

Section 7 of the National Labor Relations Act (the Act) gives employees the right to engage in “concerted activities” for “mutual aid or protection.” In general, “concerted activities” are activities or conduct by employees with or on the authority of … Continue reading

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Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for Nonbusiness Purposes

Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. For more information, click here.

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Employers May Discontinue Checkoff of Union Dues at Expiration of Union Contract

In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling relatively recent precedent, the Board based its decision on … Continue reading

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UPDATE: Scalia Fills Labor Role

On September 26, 2019, the Senate confirmed labor and employment attorney Eugene Scalia for Labor Secretary, in a 53-44 vote that was divided along party lines. Scalia served as the Labor Department’s chief legal officer from 2002-2003, before entering private … Continue reading

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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

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Intermittent Strikes Are Not Protected

A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. The NLRB  reaffirmed established law that a series of … Continue reading

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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

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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

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Employers May Prohibit Non-Employees From Organizing On The Employers’ Property

On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as  hospitals and hotels, that have areas of their property open to … Continue reading

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