It is currently unclear how the U.S. Supreme Court will decide this issue in October, or what effect the Department of Justice’s new position will have on its ultimate ruling. Either way, it is likely that employers will soon have new guidance on whether class waivers in arbitration agreements infringe upon workers’ Section 7 rights. Shortly after the hearing, President Trump is expected to nominate a new General Counsel whose views will certainly align with the business-friendly Trump administration. While we wait for the Supreme Court’s ruling and at least until Griffin’s term ends, employers should continue to consult counsel when considering including class waivers in their arbitration agreements. … [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?
January 2, 2014 marked the NLRB’s deadline to file a petition with the US Supreme Court to review the challenges to its Poster Rule, and the Board failed to file such a petition with the Court. Accordingly, it appears the Poster Rule is dead – at least for now. As we’ve noted on the Blog, the NLRB has a full 5 members for the first time in years, and more rulemaking is expected from the Board in the coming months and years. It is not out of the question that some modified form of the “Poster Rule” could be attempted by the newly constituted NLRB. … [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