In October, the Supreme Court will address this split among the circuits and hear Murphy Oil, Epic Systems, and the Ninth Circuit case. Notably, on June 16, the NLRB announced that the Acting Solicitor General of the United States has authorized the NLRB to represent itself at the hearing. The General Counsel’s office, headed up by Richard F. Griffin, Jr. until his term ends in November, will represent the Board. It is unclear whether the DOJ will face off with the General Counsel, given its new take on this issue. … [Read more...] about The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
Federal labor relations authority
Similarly, the Board may also continue its battle to implement its poster rule. In August 2011, the NLRB issued a rule that would have required most employers to post on their properties and on their websites a “Notification of Employee Rights under the National Labor Relations Act.” These posters would, among other things, inform employees about their rights to join a union, bargain collectively, discuss wages and benefits, and to strike and picket. The poster would also provide examples of unlawful employer and union conduct, and would provide information on how to contact the NLRB. Over the past few months, however, the poster rule has been struck down by two federal circuit courts of appeal, the D.C. Circuit and the Fourth Circuit. The D.C. Circuit and Fourth Circuit have also denied the NLRB’s request for reconsideration. Despite these unfavorable rulings, it is likely that the NLRB will not give up on the poster rule and will continue its appeal to the Supreme … [Read more...] about A Decade In The Making: What Employers Can Expect From A Fully Staffed NLRB (National Labor Relations Board)
Most employers set forth their workplace rules and policies in an employee handbook. A common provision in those handbooks is a statement that employment with the employer is "at-will." Generally speaking, at-will employment refers to an employment relationship under which an employer can terminate an employee’s employment at any time, for any reason (other than an illegal reason), and the employee similarly can resign his or her employment at any time, for any reason. … [Read more...] about At-Will Employment Disclaimers – The National Labor Relations Board’s Next Target?
Various business groups, however, challenged the Poster Rule in federal courts, and last year two US Courts of Appeal struck down the rule. In May 2013, a panel of Judges for the DC Circuit Court of Appeals invalidated the Poster Rule and held that it violated companies’ free speech rights. One month later the 4th Circuit Court of Appeals also struck down the rule, but on different grounds. The 4th Circuit held that the Board did not have authority to enact the rule because the NLRA does not vest the Board with authority to impose a general notice posting rule on employers. … [Read more...] about NLRB (National Labor Relations Board) Fails to File Appeal to the Supreme Court for Review of its “Poster Rule”
Require an employer to file a “Statement of Position”—a new requirement—that must be filed no later than the hearing date. It must set forth the employer’s position on a host of legal issues, and it would include a list of the names, work locations, shifts, and job classifications of all individuals in the proposed unit. Any issues not identified in the statement would be deemed waived. … [Read more...] about National Labor Relations Board (NLRB) Issues New Proposed “Quickie” Election Rules