While federal courts around the country – including the U.S. Supreme Court – continue to generally uphold “class action waivers” in mandatory arbitration programs, the NLRB continues to go the other way and find that such provisions violate the NLRA. Employers who have arbitration programs that require employees to have claims against companies heard in front of arbitrators rather than courts often include “class action waivers” in their programs. The waivers prohibit employees from forming class actions against the companies by requiring claims to be brought only an individual basis. In 2012, the NLRB issued its infamous decision in D.R. Horton Inc., 357 N.L.R.B. No. 184, (2012) that ruled class action waivers violate the NLRA because they impede “concerted activity.” That is, the NLRB views the potential formation of class actions contesting alleged unlawful practices as “group activity” protected by the NLRA. The Fifth Circuit subsequently denied enforcement of DR Horton and held the NLRA does not work to invalidate class action waivers. Not to be deterred, the NLRB issued a decision on October 28, 2014, in Murphy Oil USA, Inc., 361 N.L.R.B. No. 72 (2014) in which it found an employer violated the NLRA by having an arbitration program that contains a class action waiver. The Board noted it disagreed with the Fifth Circuit’s analysis and reaffirmed it commitment to invalidating class action waivers. The US Supreme Court is likely to weigh in at some point, as it has issued a series of rulings in recent years generally upholding various aspects of mandatory arbitration programs – including class action waivers (although it has not yet tackled the analysis under the framework of the NLRA). Until then the NLRB will seemingly continue to find class action waivers to be unlawful even if federal courts of appeal disagree. Accordingly, companies with class action waivers should take this into consideration when evaluating the “pros and cons” of maintaining them. A copy of the decision can be found here.
NLRB Continues To Invalidate Class Action Waivers In Mandatory Arbitration Programs
David J. Pryzbylski
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December 19, 2017 | National Labor Relations Board, Labor Relations
A Final Bow from Miscimarra Lessens Employer Bargaining Obligations
December 19, 2017 | National Labor Relations Board, Labor Relations
All the King’s Horses and All the King’s Men CAN Put Humpty Dumpty Together Again: NLRB Overrules Specialty Healthcare, Potentially Reducing Number of Fractured Bargaining Units
December 18, 2017 | National Labor Relations Board, Labor Relations
NLRB Delivers Early Holiday Gifts to Employers
December 15, 2017 | National Labor Relations Board, Labor Relations
NLRB Shuttering Its Alaska Office
December 13, 2017 | National Labor Relations Board, Labor Relations
Roll It Back? NLRB Potentially Contemplating Rescinding ‘Quickie Election Rules’
December 12, 2017 | National Labor Relations Board, Labor Relations
And So It Begins…Trump NLRB Overturns Obama NLRB Precedent for First Time
December 12, 2017 | National Labor Relations Board, Labor Relations
Employers Face the Music: NLRB Judge Rules Musicians May Protest Outside Auditorium
December 11, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
General Counsel Memo Signals Brighter Days for Employers
December 4, 2017 | National Labor Relations Board, Labor Relations
Time Crunch: NLRB Report Confirms Union Elections Remain ‘Quick’ Under New Rules
November 21, 2017 | National Labor Relations Board, Labor Relations
DOL Head Slams NLRB’s Vague Test for Joint Employment
November 21, 2017 | National Labor Relations Board, Labor Relations
NLRB Protected Concerted Activity or Harassment – Will Employers Finally Get Clarity?
November 14, 2017 | National Labor Relations Board, Labor Relations
Game Changer? New NLRB General Counsel Confirmed By Senate
November 9, 2017 | National Labor Relations Board, Labor Relations
Action! House Passes Legislation to Stave Off Broadening Definition of Joint Employment
November 8, 2017 | National Labor Relations Board, Labor Relations
Union Improperly Used Strikes and Grievances to Obtain Disputed Work, Says Appeals Court
November 2, 2017 | National Labor Relations Board, Labor Relations
What’s Your Preference? NLRB Adopts Federal Court’s Ruling Permitting Hospital’s Nonunion Hiring Preference Policy
October 18, 2017 | National Labor Relations Board, Labor Relations
Go Figure – Production and Maintenance Employees Belong in the Same Bargaining Unit
October 13, 2017 | National Labor Relations Board, Labor Relations
Will Congress Act to Stave Off the Broadening Definition of Joint Employment?
October 6, 2017 | National Labor Relations Board, Labor Relations
NLRB Dodges Massive Budget Cuts, But Some Predict Changes Still on the Horizon
October 4, 2017 | National Labor Relations Board, Labor Relations
D.R. Horton Reaches New Heights – U.S. Supreme Court Hears Oral Arguments
October 2, 2017 | National Labor Relations Board, Labor Relations
High Court to Resolve Whether Class Action Waivers Violate NLRA
September 27, 2017 | Federal Laws and Legislation, National Labor Relations Board, State Labor Laws, Labor Relations
NLRB’s New Member Confirmed, Fits the Bill for Employers
September 26, 2017 | National Labor Relations Board, Labor Relations
President Trump Taps New England Labor Lawyer for NLRB’s General Counsel Post
September 21, 2017 | National Labor Relations Board, Labor Relations
Second Circuit Affirms NLRB Position on Broad Confidentiality Agreements
September 5, 2017 | National Labor Relations Board, Labor Relations
Elon Musk’s Tesla Targeted By UAW And NLRB
September 1, 2017 | Union Organizing, Labor Relations
Businesses Say ‘Yes’ to Robb as Labor Board’s Top Lawyer
August 25, 2017 | National Labor Relations Board, Labor Relations
NBA Team’s Electronic Display Operators are Employees, Not Independent Contractors, Says NLRB
August 22, 2017 | National Labor Relations Board, Labor Relations
Fractured Workforce: Federal Court Approves Micro-Unit Certified by NLRB
August 16, 2017 | National Labor Relations Board, Labor Relations
A Nice Change of Pace: NLRB Upholds Employer’s Confidential Information Policy
August 15, 2017 | National Labor Relations Board, Labor Relations
Short-Lived Victory for Employers? NLRB Chairman Reportedly Stepping Down in December
August 9, 2017 | National Labor Relations Board, Labor Relations
D.C. Circuit Calls Out NLRB in Ruling on Union Access to Employer Property
August 8, 2017 | National Labor Relations Board, Labor Relations
Third Time is NOT the Charm: Nissan Smokes UAW Again in Union Vote
August 7, 2017 | Union Organizing, Labor Relations
“And the Fourth Seat Goes To….” Senate Confirms Nomination of Kaplan to NLRB, Delays Vote on Nomination of Emanuel
August 3, 2017 | National Labor Relations Board, Labor Relations
‘Absurd Results’: NLRB Takes 'Facebook Discipline Cases' to New Heights (Or New Lows, Depending on Your Point of View)
July 31, 2017 | National Labor Relations Board, Labor Relations
WARNING: No Solicitation
July 28, 2017 | Union Organizing, Labor Relations
Woo-hoo! Federal Court Overrules NLRB, Says Companies Can Require Employees to Promote Positivity
July 26, 2017 | National Labor Relations Board, Labor Relations
Closing Time: NLRB Considers Shuttering Even More Offices
July 24, 2017 | National Labor Relations Board, Labor Relations
NLRB Inches Closer to Having Full Panel
July 21, 2017 | National Labor Relations Board, Labor Relations
NLRB Rolls Snake Eyes Before D.C. Circuit
July 19, 2017 | National Labor Relations Board, Labor Relations
NLRB’s Controversial Joint-Employer Standard in House Appropriations Committee’s Crosshairs
July 18, 2017 | National Labor Relations Board, Labor Relations
Playing Hardball – NLRB Holds High School Lacrosse Referees Are Employees, Not Independent Contractors
July 12, 2017 | National Labor Relations Board, Labor Relations
If At First You Don’t Succeed, Try, Try, Try Again: UAW Files Petition for Union Vote at Nissan
July 11, 2017 | Union Organizing, Labor Relations
Eighth Circuit Sides With Jimmy John’s and Finds Employee Actions Were Not Protected Activity
July 7, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of June 12 - 16
June 30, 2017 | National Labor Relations Board, Labor Relations
Swan Song? NLRB Contemplates Shuttering San Diego Office
June 29, 2017 | National Labor Relations Board, Labor Relations
Balance of Power May Be Shifting at the NLRB
June 28, 2017 | National Labor Relations Board, Labor Relations
Obamacare Repeal: Will You Have to Bargain With Your Union Over Changes?
June 28, 2017 | National Labor Relations Board, Labor Relations
Negotiating Tips: The Art of the Ratification Bonus
June 23, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Take a Screen Shot of This: Supervisor Unlawfully Interrogated Employee Through Text, NLRB Says
June 23, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of June 5 - 9
June 22, 2017 | National Labor Relations Board, Labor Relations
Untangling the Web? Senator Introduces Bill to Reverse Obama-Era Ambush Union Election Rules
June 21, 2017 | National Labor Relations Board, Labor Relations
SCOTUS Declines to Weigh in on Micro-Units, But There Still is Hope
June 20, 2017 | National Labor Relations Board, Labor Relations
Fahrenheit 180: DOJ Reverses Course, Abandons NLRB at Supreme Court in Class Action Fight
June 19, 2017 | National Labor Relations Board, Labor Relations
UBER Arbitration Pact Tossed
June 15, 2017 | National Labor Relations Board, Labor Relations
‘Let’s Get Ready To Rumble!’ Class Action Waiver Battle Kicks Off At Supreme Court
June 15, 2017 | National Labor Relations Board, Labor Relations
The Search Is On: Federal Court Upholds NLRB’s Imposition of Job-Search Costs on Employer
June 12, 2017 | National Labor Relations Board, Labor Relations
Can I Get Your Digits? NLRB Ruling Expands Quickie Election Rules To Cover Supervisors’ Possession Of Employee Phone Numbers
June 9, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Summary of NLRB Decisions for Week of May 22-29
June 8, 2017 | National Labor Relations Board, Labor Relations
Whose Law is it Anyway? NLRB Region’s Complaint Seeking to Have Contractors Converted to Employees Throws Agency into the Misclassification Fray with the IRS and DOL
June 7, 2017 | Department of Labor, National Labor Relations Board, Labor Relations
Congressional Leaders Ask Trump to Fill Long-Standing Vacancies at the NLRB
June 7, 2017 | National Labor Relations Board, Labor Relations
‘Smile, You’re On Candid Camera’ – Federal Court Upholds NLRB Ruling That Prohibits Non-Union Employers From Banning Recordings in the Workplace
June 5, 2017 | National Labor Relations Board, Labor Relations
A Growing Divide: Sixth Circuit Decision To Invalidate Class/Collective Action Waiver Widens Appellate Court Split
May 31, 2017 | National Labor Relations Board, Labor Relations
Senator Introduces Bill To Amend NLRA And Reverse Micro-Unit Trend
May 26, 2017 | National Labor Relations Board, Labor Relations
Getting Away With Murder? NLRB Tells Federal Court Union Election Observer’s Use Of Fake Firearm Did NOT Invalidate Union Election Results
May 25, 2017 | Unions and Union Membership, Labor Relations
End In Sight For The Micro-Unit Nightmare Spawned By NLRB’s Specialty Healthcare Decision? Maybe…
May 22, 2017 | National Labor Relations Board, Labor Relations
First-Year Report Card on Graduate Student Assistants Unionization
May 19, 2017 | National Labor Relations Board, Unions and Union Membership, Labor Relations
Summary of NLRB Decisions for Week of May 1-5
May 17, 2017 | National Labor Relations Board, Labor Relations
The Saga Continues: NLRB’s Browning-Ferris Decision On Joint Employment Still Drawing Attention – This Time From Congress
May 15, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of April 24-28
May 4, 2017 | National Labor Relations Board, Labor Relations
NLRB Appointments in the Works?
May 1, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of April 10-14
April 27, 2017 | National Labor Relations Board, Labor Relations
Trump Appoints Miscimarra as Chairman of NLRB
April 26, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of April 3 - 7
April 18, 2017 | National Labor Relations Board, Labor Relations
NLRB Invalidates Another Employer Arbitration Agreement – But NOT Under D.R. Horton
April 17, 2017 | National Labor Relations Board, Labor Relations
Purple Communications NLRB Decision Teed Up for Appeal?
April 13, 2017 | National Labor Relations Board, Labor Relations
A Dancer With an Attitude? Fired Vegas Show Dancer Pursues Workers’ Rights
April 7, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of March 13 - 17
March 27, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of March 6 - 10
March 22, 2017 | National Labor Relations Board, Labor Relations
No Vacancy: U.S. Supreme Court Invalidates Most of Former Acting NLRB GC’s Tenure
March 21, 2017 | National Labor Relations Board, Labor Relations
Beware of the Employee Walk Out: Non-Union Employees Terminated for Walking Off Job; NLRB Judge Reinstates with Backpay
March 10, 2017 | National Labor Relations Board, Labor Relations
Browning-Ferris Joint Employer Test Argued Before D.C. Circuit
March 10, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Feb. 13 - 17
March 2, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Feb. 6 - 10
February 24, 2017 | National Labor Relations Board, Labor Relations
'Show Your Face' – IBEW Restrictions On Union Resignation and Dues Checkoff In Right-to-Work States Found Unlawful
February 15, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Jan. 23-27
February 10, 2017 | National Labor Relations Board, Labor Relations
Major Changes on the Horizon for the NLRB? Trump Names Philip Miscimarra Acting Chair of Agency
January 27, 2017 | National Labor Relations Board, Labor Relations
Court Of Appeals Reverses NLRB, Finds Hospital’s Nonunion Hiring Preference Policy Is Lawful
January 24, 2017 | National Labor Relations Board, Labor Relations
Obama NLRB Deep Sixes Employer Defense on Procedural Grounds
January 20, 2017 | National Labor Relations Board, Labor Relations
U.S. Supreme Court to Decide D.R. Horton Arbitration Waiver Issue
January 13, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Jan. 3-6
January 12, 2017 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Dec. 27-30
January 9, 2017 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions for Week of Dec. 19-23
December 30, 2016 | National Labor Relations Board, Labor Relations
Past Isn’t Prologue: Study Finds NLRB Nullified 4,500+ Years of Precedent Over Last Eight Years
December 27, 2016 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions for Week of Dec. 12-16
December 19, 2016 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions for Week of Nov. 28-Dec. 2
December 15, 2016 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions for Week of Nov. 21-25
December 2, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Nov. 14 - 18
November 28, 2016 | National Labor Relations Board, Labor Relations
NLRB Affirms Decision Finding Charter Schools Subject to NLRA
November 23, 2016 | National Labor Relations Board, Labor Relations
A Chink in Specialty Healthcare’s Micro Unit Armor?
November 22, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Nov. 7-10
November 18, 2016 | National Labor Relations Board, Labor Relations
The Trump Presidency and the NLRB: Change May Come Slowly
November 15, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Oct. 31 - Nov. 4
November 14, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Oct. 24-28
November 4, 2016 | National Labor Relations Board, Labor Relations
Fourth Circuit Finds Nurses Are Not Supervisors - Could Unionize
November 3, 2016 | National Labor Relations Board, Labor Relations
U.S. Chamber of Commerce Report Confirms NLRB’s Infamous Specialty Healthcare Decision Has Given Rise to More Micro-Units
November 1, 2016 | National Labor Relations Board, Labor Relations
NLRB Member Kent Y. Hirozawa’s Term Expires – But He Left His Mark On U.S. Labor Law
September 7, 2016 | National Labor Relations Board, Labor Relations
NLRB Enhances Backpay Compensation for Terminated Workers
August 25, 2016 | National Labor Relations Board, Labor Relations
Down Goes Brown – NLRB Finds Graduate Assistants May Unionize
August 23, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Aug. 1 - 5
August 22, 2016 | National Labor Relations Board, Labor Relations
Employers’ Role In Decertification Efforts Continue To Receive Intense Scrutiny
August 8, 2016 | National Labor Relations Board, Union Organizing, Labor Relations
Buyer Beware – NLRB Decision Creates New Risks for Purchasers of Union Operations
August 3, 2016 | National Labor Relations Board, Labor Relations
NLRB Ruling: Temps Can be Part of Bargaining Units
July 11, 2016 | National Labor Relations Board, Labor Relations
NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity
July 6, 2016 | National Labor Relations Board, Labor Relations
Supreme Court to Decide if Presidential Appointees Can Fake It Until They Make It
June 21, 2016 | National Labor Relations Board, Labor Relations
NLRB’s “Ambush Election Rules” Get Stamp of Approval from Fifth Circuit
June 15, 2016 | National Labor Relations Board, Labor Relations
Fifth Circuit Agrees NLRB Micro-Unit Test Here to Stay
June 9, 2016 | National Labor Relations Board, Labor Relations
Can Lawful Employer Policies Put Companies at Risk? NLRB Says Yes
June 8, 2016 | National Labor Relations Board, Labor Relations
Are Permanent Replacements Permanent Anymore?
June 3, 2016 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Defends Attempt to Encroach on Tribal Sovereignty
May 27, 2016 | National Labor Relations Board, Labor Relations
The Latest in the NLRB Handbook Saga? Another Unlawful Recording Policy Fails to Pass Muster
May 13, 2016 | National Labor Relations Board, Labor Relations
NLRB Disregards Corporate Entity and Holds Individual Owners Liable for CBA Violations
May 7, 2016 | National Labor Relations Board, Labor Relations
Don’t Gamble With Your Email Policy
May 6, 2016 | National Labor Relations Board, Labor Relations
You Can’t Make Me Be Positive!
May 3, 2016 | National Labor Relations Board, Labor Relations
Ties Go to the Runner and the NLRB
April 21, 2016 | National Labor Relations Board, Labor Relations
NLRB Continues To Cite Its Infamous Specialty Healthcare Decision When Affirming Funky Bargaining Units
April 4, 2016 | National Labor Relations Board, Labor Relations
Obama Supreme Court Nominee and the NLRB
March 24, 2016 | Labor Relations
Summary of NLRB Decisions for Week of Feb. 22-26, 2016
March 22, 2016 | National Labor Relations Board, Labor Relations
Summary Data Released by NLRB Confirms Its “Ambush Election Rules” Truncate Time Between Petition, Election
March 21, 2016 | National Labor Relations Board, Labor Relations
Burrito Bowls, Guacamole, &. . .Tweets? NLRB Judge Finds Social Media Policy Unlawful
March 18, 2016 | National Labor Relations Board, Labor Relations
Right-to-Work – Union Shenanigans and Another State (Colorado) In Play
March 17, 2016 | Unions and Union Membership, Labor Relations
NLRB Activism Has A Cost: Budget Shortfalls and NLRB’s “Belt Tightening”
March 16, 2016 | National Labor Relations Board, Labor Relations
Summary of NLRB Decisions for Week of Feb. 1 - 5, 2016
March 1, 2016 | National Labor Relations Board, Labor Relations
NLRB Commits Unfair Labor Practice With Its Own Union
February 26, 2016 | National Labor Relations Board, Labor Relations
NLRB Exploring Possible Expansion To Its ‘Make-Whole Remedies’ In Discharge Cases
February 23, 2016 | National Labor Relations Board, Labor Relations
Court Holds Company Can Reject Terms, Conditions of Expired CBA
February 15, 2016 | National Labor Relations Board, Labor Relations
11th Circuit Overturns NLRB: Finds Atlanta-area Stagehands are Independent Contractors
February 4, 2016 | National Labor Relations Board, Labor Relations
NLRB’s New Joint-Employer Standard To Be Put To The Test In Federal Court
January 26, 2016 | National Labor Relations Board, Labor Relations
Law Professors Petition for New NLRB Rule: Union “Captive Audience” Meetings
January 21, 2016 | National Labor Relations Board, Labor Relations
Browning-Ferris “All In” On Joint Employer Battle With NLRB
January 15, 2016 | Unions and Union Membership, Labor Relations
Another One Bites the Dust: NLRB Invalidates Another Widely-Used Personnel Policy
January 5, 2016 | National Labor Relations Board, Labor Relations
It Looks Like the Supreme Court will Disapprove of the NLRB’s Continued Attack On Class Action Waivers…But When Will We Know For Sure?
December 28, 2015 | National Labor Relations Board, Labor Relations
BT Labor Relations National Labor Relations Board Decisions 2015 Year-in-Review
December 22, 2015 | National Labor Relations Board, Labor Relations
Let The Chips Fall: When Is an Impasse An Impasse?
December 14, 2015 | National Labor Relations Board, Labor Relations
UAW Accused of Failing to Honor Michigan Right to Work Law
December 2, 2015 | National Labor Relations Board, Labor Relations
Micro-Unit Organizing & New NLRB Election Rules Mean Manufacturing Employers Must Be Vigilant
November 30, 2015 | National Labor Relations Board, Labor Relations
Confidentiality Guaranteed? The D.C. Circuit Calls Into Question NLRB’s Banner Health Decision
November 25, 2015 | National Labor Relations Board, Labor Relations
NLRB Steps Up Enforcement Against Class Action Waivers
November 24, 2015 | National Labor Relations Board, Labor Relations
What Is It Really Like To Deal With The NLRB’s New Quickie Election Rules (Part 1)
November 13, 2015 | National Labor Relations Board, Labor Relations
Target Faces First Ever Union
November 6, 2015 | National Labor Relations Board, Labor Relations
IBEW Rule Requiring Photo ID to Resign Upheld by NLRB Judge
November 4, 2015 | National Labor Relations Board, Labor Relations
NLRB Issues Updated Bench Book for ALJs
November 4, 2015 | National Labor Relations Board, Labor Relations
Employer Off-Duty Access Rule Roadmap (Kinda): NLRB Approves Off-Duty Access Rule But Finds Discrimination In Employer Application of That Rule
November 2, 2015 | National Labor Relations Board, Labor Relations
Better Late Than Never? In Election Using Mailed-In Ballots, NLRB Says Postal Service Failure Is No Excuse for Late Ballots
October 30, 2015 | National Labor Relations Board, Labor Relations
An NLRB Hobgoblin: NLRB Excelsior List Requirement Expanded Under Interpretation of Board’s New Election Procedure Rule
October 27, 2015 | National Labor Relations Board, Labor Relations
When Will the Other Shoe Drop? NLRB May Hand Down Second Blow after Browning-Ferris
September 30, 2015 | National Labor Relations Board, Labor Relations
NLRB: Not-for Profit Canvassers Are Not Independent Contractors
September 30, 2015 | National Labor Relations Board, Labor Relations
Employers Take Note: Just in Time for Labor Day NLRB Issues Multiple Decisions That Significantly Erode Many Employer Interests
September 4, 2015 | National Labor Relations Board, Labor Relations
Another Noel Canning Rubber Stamp – Obama NLRB Overturns 1962 Case and Holds that Dues Checkoff Duty Now Continues Beyond Contract Expiration
September 2, 2015 | National Labor Relations Board, Labor Relations
NLRB Election Rule Statistics Demonstrate Shorter Election Periods and Why Proactively Preparing for Union Organizing is Smart Business
September 1, 2015 | National Labor Relations Board, Labor Relations
The Hits Keep On Coming: NLRB Ruling Makes It Easier For Unions To Establish “Joint-Employers” Under The NLRA
August 31, 2015 | National Labor Relations Board, Labor Relations
NLRB: Filing an FLSA Collective Action is Protected Concerted Activity
July 31, 2015 | National Labor Relations Board, Labor Relations
Is The Supreme Court Primed to Create “Right-to-Work” for Public Employees Nationwide?
July 9, 2015 | State Labor Laws, Labor Relations
PROMISE OF CONFIDENTIALITY – NOT SO FAST
July 9, 2015 | National Labor Relations Board, Labor Relations
Can Graduate Assistants Organize? Columbia University Effort Could Result in the Reversal of the Brown Decision
June 29, 2015 | National Labor Relations Board, Labor Relations
NLRB Reaches Agreement With The Republic Of Colombia To Educate Colombian Citizens On The NLRA
June 16, 2015 | National Labor Relations Board, Labor Relations
NLRB Jurisdiction Over Indian Tribes – Uncertainty Abounds
June 12, 2015 | National Labor Relations Board, Labor Relations
The Aftermath of "Ambush" Elections - Union Petitions Increase, Median Time to Election Decreases During First Month of Controversial Rule
June 9, 2015 | National Labor Relations Board, Labor Relations
House Committee Considers “NLRB’s Assault on Right-to-Work”
June 4, 2015 | National Labor Relations Board, Labor Relations
NLRB Continues Assault On Employer Arbitration Agreements
May 20, 2015 | National Labor Relations Board, Labor Relations
NLRB Advice Memo Provides Additional Guidance on Joint Employer Standard
May 13, 2015 | National Labor Relations Board, Labor Relations
Analysis of NLRB Elections Prior to the New Ambush Election Rules
April 28, 2015 | National Labor Relations Board, Labor Relations
NLRB Signals It May Chip Away at Right to Work Laws
April 22, 2015 | National Labor Relations Board, Labor Relations
Unions Get Free Pass From The NLRB When It Comes To Facebook Postings?
April 21, 2015 | National Labor Relations Board, Labor Relations
They're Here -- New NLRB "Quickie" Election Rules Go Into Effect Today
April 14, 2015 | National Labor Relations Board, Labor Relations
NLRB General Counsel Issues Comprehensive Report on Handbook Rules
March 19, 2015 | National Labor Relations Board, Labor Relations
Non-Union Employers Beware: The NLRB Outlaws Employer’s Questions Regarding Supervisor's Performance
February 20, 2015 | National Labor Relations Board, Labor Relations
Ripples of Noel Canning Continue
February 20, 2015 | National Labor Relations Board, Labor Relations
NLRB: Employer letters regarding dues payment options violated NLRA
February 4, 2015 | National Labor Relations Board, Labor Relations
God in the Details - NLRB Modifies Test for Jurisdiction Over Religious Education Employers
January 22, 2015 | National Labor Relations Board, Labor Relations
DC CIRCUIT OVERTURNS NLRB ON COMPANY ONLY HAT RULE
January 20, 2015 | National Labor Relations Board, Labor Relations
NLRB Sued Over Quickie Election Rule
January 7, 2015 | National Labor Relations Board, Labor Relations
NLRB Upholds Subpoena of Employer’s Employee Handbook
January 6, 2015 | National Labor Relations Board, Labor Relations
NLRB DROPS THE OTHER SHOE – APPROVES QUICKIE ELECTION RULES
December 12, 2014 | National Labor Relations Board, Labor Relations
Senate Confirms McFerran as New NLRB Member
December 9, 2014 | National Labor Relations Board, Labor Relations
NLRB Ruling Critical of Company Distribution / Solicitation Rule
December 3, 2014 | National Labor Relations Board, Labor Relations
NLRB Advice Memo follows Alan Ritchey on Discretionary Discipline, Despite Nullification by Noel Canning
November 26, 2014 | National Labor Relations Board, Labor Relations
Amazon Settlement with NLRB a Reminder for Employers -- "Confidential" Wage Policies Violate the NLRA
November 25, 2014 | National Labor Relations Board, Labor Relations
President Swaps Out Choice for NLRB Seat
November 18, 2014 | National Labor Relations Board, Labor Relations
Advocacy of Insubordination on Facebook Is Concerted But Not Protected Activity
October 30, 2014 | National Labor Relations Board, Labor Relations
NLRB Chooses Form Over Function
August 20, 2014 | National Labor Relations Board, Labor Relations
1 Is NOT The Loneliest Number…At Least At The NLRB
August 13, 2014 | National Labor Relations Board, Labor Relations
NLRB applies Specialty Healthcare "micro-union" standards to retail industry with mixed results
August 6, 2014 | National Labor Relations Board, Labor Relations
NLRB Shoots Down Another Confidentiality Rule
August 5, 2014 | National Labor Relations Board, Labor Relations
NLRB Ratifies All Administrative Actions in Wake of Noel Canning Decision
August 4, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, July 14-18
July 23, 2014 | National Labor Relations Board, Labor Relations
NLRB Decides Not to Risk Its D.R. Horton Decision
July 22, 2014 | National Labor Relations Board, Labor Relations
Labor Lawyers, Constitutional Scholars Await Noel Canning
June 23, 2014 | National Labor Relations Board, Labor Relations
NLRB Again Overturns Discharge Of Employee Who Engaged In A Profanity-Laced Argument With A Manager In Front Of Customers
June 18, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, June 9-13, 2014
June 17, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, MAY 27-30, 2014
June 6, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, MAY 19-23, 2014
May 30, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, MAY 12-16, 2014
May 22, 2014 | National Labor Relations Board, Labor Relations
NLRB WEEKLY SUMMARY OF DECISIONS, May 5-9, 2014
May 14, 2014 | National Labor Relations Board, Labor Relations
Can Your Employees Use Your Company’s E-Mail System To Solicit Support For A Union? The NLRB Is Going To Weigh In…
May 2, 2014 | Union Organizing, Labor Relations
NLRB To Include Hyperlinks In Notice Postings
April 30, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Continues To Impose Expansive Penalties On Employers
April 29, 2014 | National Labor Relations Board, Labor Relations
For Their Eyes Only: Northwestern to Limit Media Access at Union Polling Location
April 24, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions, April 14 -18, 2014
April 24, 2014 | National Labor Relations Board, Labor Relations
Northwestern Election Kicks Off This Friday
April 23, 2014 | National Labor Relations Board, Union Organizing, Labor Relations
NLRB DR Horton Rehearing Denied
April 17, 2014 | National Labor Relations Board, Labor Relations
NLRB Requires Employer to Pay Union’s Negotiation Expenses in Refusal to Bargain Case
April 16, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions, March 31-April 4, 2014
April 10, 2014 | National Labor Relations Board, Labor Relations
Yet Another Blow to Employers’ Social Media Policies – Company Rescinds Nation-Wide Policy
April 10, 2014 | National Labor Relations Board, Labor Relations
NLRB to Live Stream This Week’s Hearings
April 7, 2014 | National Labor Relations Board, Labor Relations
Not April Foolin’: National Labor Relations Board Finds Employer Rule Requiring Positivity and Professionalism Unlawful
April 7, 2014 | National Labor Relations Board, Labor Relations
Northwestern Union Election Date Set
April 3, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions - March 24-28, 2014
April 2, 2014 | National Labor Relations Board, Labor Relations
BTLabor Relations Blogger & Attorney Fields Questions on College Football Players Union Ruling
March 28, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Directs Election at Northwestern – Scholarship Football Players are Employees
March 26, 2014 | National Labor Relations Board, Union Organizing, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions
March 26, 2014 | National Labor Relations Board, Labor Relations
NLRB Chairman signals willingness to reverse Register Guard decision
March 24, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Weekly Summary of Decisions - March 10-14, 2014
March 21, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions
March 12, 2014 | National Labor Relations Board, Labor Relations
NLRB Continues to Go Against the Grain with Arbitration-Related Decisions
March 10, 2014 | National Labor Relations Board, Labor Relations
NLRB GC Issues Mandatory Advice Memo
February 27, 2014 | National Labor Relations Board, Labor Relations
Northwestern Football and NLRB Are Now On the Clock
February 26, 2014 | National Labor Relations Board, Labor Relations
NLRB Schedules Public Meeting On Proposed Election Rules Changes
February 26, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Feb. 10-14, 2014
February 24, 2014 | National Labor Relations Board, Labor Relations
A Rare Facebook “Like” for Employers: NLRB Overturns ALJ, Finds Lack of Evidence to Support Facebook Post as Protected Activity
February 21, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Feb. 3-7, 2014
February 20, 2014 | National Labor Relations Board, Labor Relations
Not So Final and Binding – The NLRB Proposes Changes to Arbitration Deferral Policy
February 19, 2014 | National Labor Relations Board, Labor Relations
Northwestern Football and the NLRB: Hearing Start This Week
February 13, 2014 | National Labor Relations Board, Labor Relations
NLRB At It Again: Another Confidentiality Policy Bites the Dust
February 11, 2014 | National Labor Relations Board, Labor Relations
Is the NLRB Seeking to Expand its Jurisdiction Over Religious Universities?
February 11, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Jan. 27-31, 2014
February 7, 2014 | National Labor Relations Board, Labor Relations
NLRB Re-Issues “Quickie Election” Rules: It’s Déjà Vu All Over Again
February 5, 2014 | National Labor Relations Board, Labor Relations
A “Hail Mary”? Northwestern Student-Athletes File Union Petition with the NLRB
January 29, 2014 | National Labor Relations Board, Unions and Union Membership, Labor Relations
NLRB Moves Forward on UAW Charges at Mercedes-Benz Alabama
January 29, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - Dec. 30, 2013-Jan. 24, 2014
January 28, 2014 | National Labor Relations Board, Labor Relations
“The More Things Change, The More They Stay The Same”: Bureau of Labor Statistics Releases Report On U.S. Unionization Rates For 2013
January 27, 2014 | Unions and Union Membership, Labor Relations
NLRB ALJ Continues to Apply D.R. Horton, Despite Fifth Circuit Reversal
January 24, 2014 | National Labor Relations Board, Labor Relations
Final nail in the coffin for quickie election rule?
January 23, 2014 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions for Dec. 16-20, 2013 and Dec. 23-27, 2013
January 10, 2014 | National Labor Relations Board, Labor Relations
NLRB Fails to File Appeal to the Supreme Court for Review of its "Poster Rule"
January 5, 2014 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - December 9-13, 2013
December 30, 2013 | National Labor Relations Board, Labor Relations
NLRB Issues 2013 PAR Report
December 20, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - December 2-6, 2013
December 17, 2013 | National Labor Relations Board, Labor Relations
NLRB Throws in Towel on Quickie Election Rule Appeal
December 11, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - November 25-29, 2013
December 9, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - November 18-22, 2013
December 4, 2013 | National Labor Relations Board, Labor Relations
11th Circuit Jumps Into the Fray and Upholds the NLRB Recess Appointments
November 22, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - November 12-15 2013
November 22, 2013 | National Labor Relations Board, Labor Relations
NLRB Judge Gives a “Like” to Facebook-Related Termination
November 14, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions - October 28-November 1, 2013
November 13, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions - October 21-25, 2013
November 8, 2013 | National Labor Relations Board, Labor Relations
Noel Canning Argument Set for Jan. 13, 2014
November 6, 2013 | National Labor Relations Board, Labor Relations
Seventh Circuit Rules Salary Payments Violate the Labor Management Relations Act
November 6, 2013 | National Labor Relations Board, Labor Relations
Unlawful to Condition Bargaining on the Result in Noel Canning
October 24, 2013 | National Labor Relations Board, Labor Relations
NLRB Back in Business, Griffin’s Nomination Before the Senate
October 23, 2013 | National Labor Relations Board, Labor Relations
NLRB Opens - Here We Go Again - Haiku
October 17, 2013 | National Labor Relations Board, Labor Relations
Poetic Musings on the Shutdown: Where oh Where is my NLRB?
October 7, 2013 | National Labor Relations Board, Labor Relations
Shutdown Closes NLRB Operations
October 2, 2013 | National Labor Relations Board, Labor Relations
Is The NLRB Being Unfair to Employers?
September 30, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - September 16-20, 2013
September 27, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decision - September 9-13, 2013
September 19, 2013 | National Labor Relations Board, Labor Relations
Weekly Summary of NLRB Decisions - September 3-6, 2013
September 12, 2013 | National Labor Relations Board, Labor Relations
The Hits Keep Coming: D.C. Circuit Denies Rehearing for NLRB Notice Posting Case
September 6, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 26-30, 2013
September 4, 2013 | National Labor Relations Board, Labor Relations
ALJ Calls Out NLRB for Lack of "Intellectual Integrity"
September 4, 2013 | National Labor Relations Board, Labor Relations
First Social Media Policies and Now E-Mail?
August 29, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 19-23, 2013
August 28, 2013 | National Labor Relations Board, Labor Relations
Federal Judge Rules NLRB General Counsel’s Appointment Invalid
August 22, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 12-16, 2013
August 21, 2013 | National Labor Relations Board, Labor Relations
Sixth Circuit Upholds NLRB’s Specialty Healthcare “Micro-Union” Decision
August 19, 2013 | National Labor Relations Board, Labor Relations
NLRB Is Working With A Full Slate
August 16, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for Aug. 5-9, 2013
August 14, 2013 | National Labor Relations Board, Labor Relations
4th Circuit Again Tells NLRB To Pound Sand Over Board’s Direction That Employers Hang Paper
August 13, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for July 29, 2013 - Aug. 2, 2013
August 7, 2013 | National Labor Relations Board, Labor Relations
It’s Official: Top Union Lawyer To Be NLRB General Counsel
August 5, 2013 | Unions and Union Membership, Labor Relations
The Fix Is In - Senate Confirms NLRB Nominees
July 30, 2013 | National Labor Relations Board, Labor Relations
BREAKING: Senate Voting on Slate of NLRB Nominations
July 30, 2013 | National Labor Relations Board, Labor Relations
Strike One, Strike Two: The NLRB Knocks Down Another Confidentiality Policy
July 30, 2013 | National Labor Relations Board, Labor Relations
Obama Slides Griffin Over to Vacant GC Slot
July 26, 2013 | National Labor Relations Board, Labor Relations
New Obama NLRB Nominations of Hirozawa, Schiffer and Gaston Pearce Making Progress In The Senate
July 26, 2013 | National Labor Relations Board, Labor Relations
Senate HELP Committee Questions NLRB Nominees
July 25, 2013 | National Labor Relations Board, Labor Relations
CWA President Bashes Senate’s “Nuclear” Compromise
July 18, 2013 | National Labor Relations Board, Labor Relations
Obama's New NLRB Nominees and Noel Canning
July 18, 2013 | National Labor Relations Board, Labor Relations
President Obama Consults with Trumka on New NLRB Nominees
July 17, 2013 | National Labor Relations Board, Labor Relations
NLRB Partners With Justice Department’s Immigration Office
July 10, 2013 | National Labor Relations Board, Labor Relations
Ole! The 6th Circuit Side-Steps the Noel Canning Challenge and Issues Pro-Employer Ruling on "Supervisor" Issue
July 9, 2013 | National Labor Relations Board, Labor Relations
The NLRB Continues to Ignore Noel Canning
July 5, 2013 | National Labor Relations Board, Labor Relations
Under The Radar Case Could Yield Most Significant Labor Law Case of the Last Decade
July 2, 2013 | National Labor Relations Board, Labor Relations
Supreme Court to Hear Recess Appointment Dispute
June 24, 2013 | National Labor Relations Board, Labor Relations
Supreme Court’s AmEx Class Action Waiver Decision Spells Trouble for NLRB
June 21, 2013 | National Labor Relations Board, Labor Relations
Another Loss for the NLRB on Notice Posting Rule
June 17, 2013 | National Labor Relations Board, Labor Relations
Doubling Down – The NLRB Shuns Noel Canning Implications Again
June 12, 2013 | National Labor Relations Board, Labor Relations
Red Cross Confidentiality Policies Fail to Pass Muster with the NLRB
June 10, 2013 | National Labor Relations Board, Labor Relations
The Right-to-Work Discussion Carries On in the Seventh Circuit and the Ohio Statehouse
June 5, 2013 | National Labor Relations Board, Labor Relations
Senate Committee Approves NLRB Nominees for Confirmation Vote
May 23, 2013 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions - May 6-10, 2013
May 20, 2013 | National Labor Relations Board, Labor Relations
Third Circuit Follows D.C. Circuit on Noel Canning, Holds Becker Recess Appointment Invalid
May 16, 2013 | National Labor Relations Board, Labor Relations
An Extension of Noel Canning? Becker Appointment in Jeopardy too
May 8, 2013 | National Labor Relations Board, Labor Relations
Noel Canning be damned: NLRB holds D.C. Circuit Decision Does Not Require Complaint Dismissal
May 8, 2013 | National Labor Relations Board, Labor Relations
NLRB Suffers 2nd Major Defeat As D.C. Circuit Invalidates Posting Rule
May 7, 2013 | National Labor Relations Board, Labor Relations
D.C. Circuit Calls Out NLRB For “Interpretive Leap”
May 6, 2013 | National Labor Relations Board, Labor Relations
A Weekly Summary of NLRB Decisions for April 22-26, 2013
May 6, 2013 | National Labor Relations Board, Labor Relations
Department of Justice Files Writ of Certiorari with U.S. Supreme Court in Noel-Canning Case
May 1, 2013 | National Labor Relations Board, Labor Relations
NLRB Weekly Summary of Decisions for April 8-12, 2013
April 19, 2013 | National Labor Relations Board, Labor Relations
Back to the Full Complement?
April 10, 2013 | National Labor Relations Board, Labor Relations
Court Overturns NLRB Decision in Stella D’Oro Biscuit Co. v. NLRB
April 1, 2013 | National Labor Relations Board, Labor Relations
House Introduces Bill
March 14, 2013 | National Labor Relations Board, Labor Relations
NLRB Bypasses DC Circuit Rehearing and Intends to Proceed to Supreme Court
March 14, 2013 | National Labor Relations Board, Labor Relations
NLRB Lightens Grip on At-Will Language
March 12, 2013 | National Labor Relations Board, Labor Relations
Cease and Desist?
March 1, 2013 | National Labor Relations Board, Labor Relations
AFL-CIO Demands Fully Staffed NLRB
February 28, 2013 | Labor Relations
Noel Canning Delays Review of “Ambush” Election Rules
February 22, 2013 | National Labor Relations Board, Labor Relations
NLRB General Counsel Issues Guidance on Calculating Backpay under Latino Express
February 21, 2013 | National Labor Relations Board, Labor Relations
If At First You Don't Succeed: Obama Renominates Recess Appointments
February 14, 2013 | National Labor Relations Board, Labor Relations
Should Obama's NLRB Appointees Resign?
February 1, 2013 | National Labor Relations Board, Labor Relations
D.C. Circuit Holds NLRB Recess Appointments Invalid
January 25, 2013 | National Labor Relations Board, Labor Relations
New York Times Examines NLRB Social Media Rulings
January 23, 2013 | National Labor Relations Board, Labor Relations
NLRB Now Permits Front Pay in Lieu of Reinstatement in Board Settlements
January 14, 2013 | National Labor Relations Board, Labor Relations
2013: Will NLRB Have Its Bobby Ewing Moment?
January 9, 2013 | National Labor Relations Board, Labor Relations
Our Top 10 Labor Law Events of 2012
December 31, 2012 | National Labor Relations Board, Labor Relations
Federal Judge Refuses to Change His Decision Invalidating the Ambush Election Rules
July 30, 2012 | Federal Laws and Legislation, National Labor Relations Board, Labor Relations
NLRB Asks D.C. District Court to Reconsider Decision Invalidating “Ambush” Election Rules
June 13, 2012 | National Labor Relations Board, Labor Relations
NLRB Suspends Implementation of Ambush Election Rules
May 15, 2012 | National Labor Relations Board, Labor Relations
D.C. District Court Throws Out Ambush Election Rules, Finds Board Lacked Quorum
May 14, 2012 | National Labor Relations Board, Labor Relations
NLRB Quickie Election Rules Under Attack
February 8, 2012 | National Labor Relations Board, Labor Relations
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