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James A. MillsBlog Posts

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NLRB: Union Had Responsibility to Bargain About Employer Information Confidentiality Claim

The National Labor Relations Board (NLRB) has ruled an employer does not have a duty to provide a union with relevant information that contains confidential material if the union has refused the employer’s offer to bargain over ways to protect its legitimate confidentiality interests. Oncor Electric Delivery, LLC, 369 NLRB No. 40 (Mar. 6, 2020).... Continue Reading
April 22, 2020

NLRB: Employer Lawfully Took Control of Investigatory Interview

The NLRB has ruled that, under the particular circumstances, an employer representative lawfully barred a union representative from asking questions during an investigatory interview while the employer representative was questioning the employee to get his version of events. PAE Applied Technologies, LLC, 367 NLRB No. 105 (Mar. 8, 2019). NLRB Chairman John Ring and Member … Continue Reading The post NLRB: Employer Lawfully Took Control of Investigatory Interview appeared first on Labor & Collective Bargaining.
April 25, 2019

NLRB Failed to Support Conclusion that Employee’s Disparaging Comments Were Protected, Not Disloyal

The U.S. Court of Appeals for the District of Columbia Circuit has refused to enforce the NLRB’s order finding that an employee’s discharge violated the National Labor Relations Act because the Board did not satisfy the Supreme Court’s two-prong Jefferson Standard test for determining whether an employee’s disparaging statements to third parties about his employer … Continue Reading The post NLRB Failed to Support Conclusion that Employee’s Disparaging Comments Were Protected, Not Disloyal appeared first on Labor & Collective Bargaining.
April 28, 2018