NLRB Files Complaint Against Oregon Over Law Banning Employer Captive Audience Meetings about Unions

An Oregon law that arguably prohibits employers from requiring employees to attend mandatory meetings to hear the employer’s views regarding unions and the National Labor Relations Board (NLRB) process is unlawful, the NLRB has asserted in a complaint filed with the U.S. District Court – Eugene Division. The complaint says the Oregon law violates an... Continue Reading
March 10, 2020

AFL-CIO Asks Federal Court to Overturn New NLRB Election Rule

As expected, the nation’s largest labor organization, the AFL-CIO, has filed suit in the Washington, D.C., federal court to stay implementation of, and ultimately invalidate, the National Labor Relations Board’s (NLRB) expansive election rule amendments. The rule changes, scheduled for April 16, have been widely panned by labor advocates.   The suit primarily argues the... Continue Reading
March 10, 2020

NLRB: Confidentiality, Cell Phone, Electronic Communications Policies Lawful under NLRB’s Work Rules Decisions

Applying its decisions in Boeing Co. (365 NLRB No. 154) and Caesars Entertainment Corp. (368 NLRB No. 143), the National Labor Relations Board (NLRB) has overturned an Administrative Law Judge’s (ALJ) finding that an employer unlawfully maintained overbroad Confidential Information, Electronic Communications, and Cell Phone Policies, and unlawfully terminated its employee for violation of the... Continue Reading
March 1, 2020

Is Union Organizing Among Tech Workers Ready to Breakout?

White-collar, high-tech workers at Kickstarter in Brooklyn have voted 47-36 for union representation by the Office and Professional Employees International Union (OPEIU) in an election conducted by the National Labor Relations Board. (Five eligible voters did not vote.) The trailblazing win could inspire similar employees in the tech industry to channel their social activism and... Continue Reading
February 29, 2020

Union Membership Rates Continue to Decline

By almost every measure, union membership rates continued its steady decline in 2019, according to the latest statistics on unionization rates in the United States from the Bureau of Labor Statistics (BLS). The overall union membership rate in 2019 was 10.3%, down by 0.2% from 2018. The total number of unionized workers in 2019 was... Continue Reading
January 31, 2020

Unions Urge Board to Reconsider its Decision to Overrule Purple Communications on Ethics Grounds

Two unions are alleging a conflict of interest involving National Labor Relations Board (NLRB) Member William Emanuel should invalidate the NLRB’s recent decision in Caesars Entertainment Corp. d/b/a Rio All-Suites, 368 NLRB No. 143 (2019), in which the Board overruled Purple Communications, Inc., 361 NLRB 1050 (2014). Caesars Entertainment held that employees do not have... Continue Reading
January 22, 2020

Union Launches National Organizing Effort in Gaming and Tech Industries

The Communications Workers of America (CWA) has begun a nationwide union-organizing campaign targeting game and tech industry employees, in partnership with Game Workers Unite! (GWU), a so-called “grass-roots” worker group founded in Southern California in 2018 to spur unionization in the gaming industry. As here, such groups typically are founded and funded by established labor... Continue Reading
January 21, 2020

House Passes Bill to Ratify USMCA and Promises Unprecedented Monitoring over Mexico’s Labor Reform

The U.S. House of Representatives has passed legislation to ratify the United States-Mexico-Canada Trade Agreement (USMCA) and create an unprecedented level of oversight over another country’s labor relations. If the bill becomes law, it could prompt even greater reforms to Mexico’s labor laws. For at least 50 years, a company in Mexico could recognize a... Continue Reading
December 20, 2019

NLRB: Investigation Confidentiality Rules Are Lawful

Overruling Banner Estrella Medical Center, 362 NLRB 1108 (2015), the National Labor Relations Board (NLRB) has held that investigative confi­dentiality rules are lawful Category 1 rules under The Boeing Company, 365 NLRB No. 154 (2017), where by their terms the rules apply for the duration of any investi­gation. Apogee Retail LLC d/b/a Unique Thrift Store,... Continue Reading
December 18, 2019

NLRB Overrules Purple Communications

Overruling Purple Communications, the National Labor Relations Board (NLRB) has held that employees do not have a right under the National Labor Relations Act (NLRA) to use employer equipment, including email and other IT systems, for Section 7 purposes. Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino, 368 NLRB No. 143 (Dec. 17, 2019). The... Continue Reading
December 17, 2019