The Trump administration has already begun to change course regarding the legality of class action waivers, which is affecting employers in dozens of cases. In a rather expected move, the Department of Justice now says it no longer believes that class action waivers in arbitration agreements infringe upon workers’ Section 7 rights under the National Labor Relations Act (NLRA). On June 16, the Department of Justice filed an amicus brief with the Supreme Court in NLRB v. Murphy Oil USA, Inc., which oral arguments on this issue are scheduled for October. The DOJ’s brief argues that, “Nothing in the NLRA’s legislative history indicates that Congress intended to bar enforcement of arbitration agreements like those at issue here…And while the National Labor Relations Board’s (“NLRB” or “Board”) reading of ambiguous NLRA language is entitled to judicial deference, the Board’s analysis of the interplay between the NLRA and … [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)
In one case, the language at issue stated: “I further agree that the at-will employment relationship cannot be amended, modified or altered in any way.” An NLRB administrative law judge found this language to violate the NLRA because it suggests that employees cannot act concertedly to attempt to change the terms and conditions of their employment. For example, under this language, employees could conclude that they did not have the right to seek to bring in a union to negotiate a collective bargaining agreement, which, if agreed upon, would alter the at-will employment relationship by placing limitations on the employer’s ability to terminate employees (typically by requiring that the employer have “just cause” to terminate). … [Read more...] about At-Will Employment Disclaimers – The National Labor Relations Board’s Next Target?
It looks like the NLRB’s proposed “Poster Rule” is officially dead. In 2011, the NLRB proposed issuing a rule known as the "Notification of Employee Rights under the National Labor Relations Act", which commonly was referred to as the “Poster Rule.” The rule was issued pursuant to the Board’s seldom used rulemaking authority, and it would have obligated millions of companies around the country to display an 11-by-17-inch notice in a conspicuous location explaining the rights of workers to join a union and bargain collectively to improve wages and working conditions. … [Read more...] about NLRB (National Labor Relations Board) Fails to File Appeal to the Supreme Court for Review of its “Poster Rule”
Likely Effects of the Proposed RulesThe most notable effect of the proposed rules would be to significantly expedite the election process, despite the fact that more than 95% of all elections already take place within eight weeks of a petition being filed. The proposed rules could shorten the time from petition to election to three weeks or less. NLRB Members Philip Miscimarra and Harry Johnson, dissenting from the issuance of the proposed rule, wrote that the proposed rule would create a “vote now, understand later” scheme and that it “advocates a ‘cure’ that is not rationally related to the disease.” … [Read more...] about National Labor Relations Board (NLRB) Issues New Proposed “Quickie” Election Rules