Articles and Blogs

For nearly 68 years, the general understanding was that in collective bargaining, both sides have access to weapons in the game of economic warfare. Unions and employees have the right to strike, and employers have the right keep the doors open by replacing the striking employees – either temporarily or permanently. There were exceptions of course. Unions... READ MORE

The National Labor Relations Board (“NLRB”) has decided to allow a union to present electronic evidence of employee authorization in support of a request for a secret ballot election in the private sector. This move may make it even easier for a union to gather support and raises many concerns about how employees use computers... READ MORE

In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”).  The NLRA governs labor management relations in the private sector.  This three-to-two decision applies long-established principles to find that two or... READ MORE

Under the National Labor Relations Act (“NLRA”), prior to implementing changes to wages, hours or other terms and conditions of employment, employers are required to give the union notice and an opportunity for bargaining. Once the union has received notice of a potential change, it is required to request bargaining in order to preserve... READ MORE

The NLRB has again decided that using profanity-laced Facebook postings specifically aimed at management is legally protected.  This decision  by two members of the NLRB, despite one strong dissent, continues the pattern of granting legal protections to employees who use profanity in exercising their protected rights in support of a union or other group... READ MORE

 Right to Work Becomes Law in Wisconsin Wisconsin, long known as a bastion for unions and the labor movement, has become the 25th Right to Work state after Governor Scott Walker signed Senate Bill No. 44 into law on March 9, 2015. Wisconsin’s new Right to Work law will prohibit employers from requiring employees to... READ MORE

A company that provides wheelchair accessible van transportation services to clients, including the Department of Veterans Affairs, got into trouble when it required employees to sign a confidentiality agreement that the NLRB found interfered with employees’ protected rights. The company was ordered to rescind the unlawful portions of the agreement and notify all employees that... READ MORE

The four-year battle over Indiana’s Right-to-Work Law came to a close on November 6, 2014 when the Indiana Supreme Court issued its unanimous 5 – 0 decision upholding the constitutionality of the law passed by the General Assembly amid union protests in 2012.  See our blog Right-to-Work: Now There are Twenty Three that discusses the history... READ MORE

Unlawful Interference Private employees have the right to engage – or not to engage – in activities in support of a union or each other relating to wages, hours and working conditions.  It’s unlawful for private employers to “interfere” with those rights.  Spying on employees or even just creating the impression of surveillance has... READ MORE

Time to Get Serious The NLRB has scheduled two days for public comment on the proposed “Quickie Election Rule” that we reported in our article “Quickie Election Rule II” – The NLRB Tries Again earlier this month.  The meetings will be held in Washington D. C. on April 10 and 11.  The deadline for written comments... READ MORE