UPDATE: Can You Prohibit Employees From Using Cell Phones At Work?

August 24, 2020 | Labor Relations, National Labor Relations Board

While the remote work revolution continues and more and more people work from home, there are many people who still regularly go to their sites of employment. This is especially true for those employees working in a manufacturing setting or other manual labor. One legally dicey issue that often arises for people working in an office or “on the floor” is whether or not a company can prohibit the use of personal cell phones by employees during working time. The National Labor Relations Board (NLRB) recently issued a decision indicating companies may have more flexibility to proscribe these devices going forward.

At issue in the case was a beverage manufacturer with operations in multiple states. The employer maintained policies and procedures that proscribed various personal items, including personal mobile devices, from being on the production floor. An unfair labor practice charge was filed against the company alleging the prohibition of cell phones was an infringement on workers’ rights under the National Labor Relations Act. The NLRB dismissed the unfair labor practice allegations and upheld the policies.

The Board evaluated the stated reason for the prohibition on cell phones, namely safety and beverage contamination concerns. It also took into account that the proscription only applied to the manufacturing floor. In other words, if employees needed to use the phones for “protected activity” away from working areas they could retrieve them and so. Based on those factors, the rule was deemed to be lawful.

This follows another case from earlier this year where the NLRB upheld a company’s policy that prohibited drivers from having cell phones in the cabs of commercial vehicles. This is a welcomed trend given the NLRB routinely was striking down these types of policies previously. It may be time to revisit your policies and procedures on this issue.

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December 22, 2017 | National Labor Relations Board, Labor Relations

NLRB Asks Ninth Circuit to Uphold Purple Communications Decision

December 21, 2017 | National Labor Relations Board, Labor Relations

Welcome to the NLRB Labor Law Time Machine, Step Right In…

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

Another Overreach? NLRB Finds Company Violated the NLRA by Retaliating Against Former Employee for Filing FLSA (Not NLRA) Class Action

May 18, 2017 | National Labor Relations Board, 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

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 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

NLRB Continues To Invalidate Class Action Waivers In Mandatory Arbitration Programs

November 3, 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

Hand it Over: Federal Judge Orders Plaintiffs in Discrimination Lawsuit to Produce Cell Phones and Facebook Account Passwords

November 21, 2012 | Employment Discrimination, Social Media and Technology, Currents - Employment Law

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