Posted on August 16, 2021 by Ruder Ware Alumni
Blog
The newly-appointed General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, has issued a memorandum to NLRB regional offices saying that she intends to “reexamine” positions taken by her predecessors and the Trump Era Board. During the Trump Administration, the NLRB overruled a number of legal precedents while taking a more employer-friendly stance. […]
Posted on June 21, 2018 by Ruder Ware Alumni
Blog
The National Labor Relations Board (NLRB) is continuing to expand on its newfound flexibility toward employee handbook rules. The NLRB’s General Counsel, Peter Robb, recently issued a memo defining in greater detail which types of handbook rules are acceptable and which will merit greater scrutiny. Significantly, the memo instructs NLRB regional offices that ambiguities in […]
Posted on January 12, 2018 by Ruder Ware Alumni
Blog
Attorney Bob Reinertson wrote recently about a decision of the National Labor Relations Board that significantly changed how the NLRB will review workplace policies and employee handbooks to determine whether they are in compliance with federal law. The issue has always been that workplace policies (normally included in an employee handbook) may not interfere with […]
Posted on December 21, 2017 by Ruder Ware Alumni
Blog
We have reported in blog articles and seminars in recent years on decisions by the National Labor Relations Board (NLRB) that invalidated employee policies and handbook provisions which sought, among other things, to promote workplace civility and reasonable behavior. Last week the NLRB overturned the 2004 case that started that trend. In the 2004 case, […]
Posted on June 2, 2016 by Ruder Ware Alumni
Blog
It is well settled that once a union exercises its weapon to engage in an economic strike, an employer is empowered to continue its business operations through hiring of permanent strike-replacement employees. Whether a strike-replacement employee is “permanent” for the purposes of the National Labor Relations Act involves a fairly technical analysis, and includes the […]
Posted on May 9, 2016 by Ruder Ware Alumni
Blog
Last week, an administrative law judge for the National Labor Relations Board concluded that Rio All-Suites Hotel and Casino’s (“Rio”) employee handbook policy addressing “Use of Company Systems, Equipment, and Resources,” violated the National Labor Relations Act. The case is Ceasars Entertainment Corporation, No. 28-CA-060841. In Ceasars, the Board ALJ was called upon to review […]
Posted on April 13, 2016 by Ruder Ware Alumni
Blog
I have written a number of blogs regarding the position of the National Labor Relations Board relating to protected speech for employees. The NLRB and its General Counsel have been very aggressive in concluding that the conduct of employees should be considered protected free speech and an employee may not be terminated for such conduct. […]
Posted on March 31, 2016 by Ruder Ware Alumni
Blog
A recent decision of the Fourth Circuit Court of Appeals puts a spotlight on that question: Do your supervisors exercise discretion when supervising others? This question is important because the recent Court of Appeals decision held that several employees who were identified as supervisors actually did not exercise sufficient discretion to meet the definition of […]
Posted on November 10, 2015 by Ruder Ware Alumni
Blog
A recent decision by the Second Circuit Court of Appeals has upheld the decision by the National Labor Relations Board that action taken by two employees on a Facebook page should be considered protected speech and therefore the employees should not have been terminated from employment. In this decision involving the Triple Play Sports Bar […]
Posted on October 5, 2015 by Ruder Ware Alumni
Blog
Recently, one of the National Labor Relations Board’s administrative law judges (“ALJ”) issued a decision that reminds would-be purchasers of unionized companies to proceed with caution before taking the plunge. The case is Riccelli Enterprises, Inc., available here: Riccelli_Decision. In Riccelli Enterprises, Inc., the ALJ was called upon to determine whether: (1) the purchaser of […]