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Howard M. BloomBlog Posts

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Employer’s Investigations Policies Unlawful, NLRB Judge Rules

An employer’s policies – one requiring confidentiality of workplace investigations and another requesting confidentiality – are unlawful under the NLRA, an NLRB Administrative Law Judge has held.  The Boeing Company, No. 19–CA–089374 (July 26, 2013).  ALJ Jeffrey Wedekind found both Boeing Company’s original policy and a revised policy on workplace investigations violated employees’ statutory right … Continue reading Employer’s Investigations Policies Unlawful, NLRB Judge Rules
September 18, 2013

NLRB’s Division of Advice Spells Out Lawful Investigations Rule

Many employers maintain rules in their employee handbooks and/or personnel policies governing how investigations of possible employee misconduct will be handled. Such rules often include admonishments to employees about maintaining the confidentiality of the investigation and, therefore, they implicate Section 7 of the NLRA and protected concerted activity. Indeed, in Banner Health, 358 NLRB No. … Continue reading NLRB’s Division of Advice Spells Out Lawful Investigations Rule
September 18, 2013

Fast Food Strikes Grab Headlines, But Can They Reach Supersize?

The latest congeries of quickie strikes at fast food restaurants — one day (or one shift) affairs in most cases — were staged to maximize publicity for the nascent fast food organizing movement.  Lots of press, some strong optics, and eleven p.m. news sound bites, but the organizers ended up with only a kid’s-meal sized … Continue reading Fast Food Strikes Grab Headlines, But Can They Reach Supersize?
September 9, 2013

NLRB Launches Mobile Phone App for Public Education In Wake of Notice Posting Rule Defeat

The NLRB has introduced a new mobile app to educate the public about the NLRA. According to the NLRB, the app “provides employers, employees and unions with information regarding their rights and obligations under the National Labor Relations Act.” The app includes sections describing the rights enforced by the NLRB, along with contact information for … Continue reading NLRB Launches Mobile Phone App for Public Education In Wake of Notice Posting Rule Defeat
September 4, 2013

NLRB’s Division of Advice Concludes Union Members’ Aggressive Organizing Tactics Were Lawful

The National Labor Relations Board’s General Counsel’s Office’s Division of Advice has concluded that a union seeking to organize a construction employer’s drywall workers did not violate Section 8(b)(1)(A) of the National Labor Relations Act by  following the employer’s supervisors and managers aggressively in cars from the employer’s main office to various jobsites in the … Continue reading NLRB’s Division of Advice Concludes Union Members’ Aggressive Organizing Tactics Were Lawful
September 4, 2013

NLRB Recess-Appointment Problem Sinks NLRB Regional Director’s Complaint Authority

Acting General Counsel Lafe Solomon did not have the authority to delegate to a Regional Director the authority to issue an unfair labor practice complaint, the U.S. District Court for the Western District of Washington has ruled. Hooks v Kitsap Tenant Support Services, Inc., No. 13-5470 (W.D. Wash. Aug. 13, 2013). See our article, NLRB … Continue reading NLRB Recess-Appointment Problem Sinks NLRB Regional Director’s Complaint Authority
August 22, 2013

NLRB Judge Says Employer’s Baseball Cap Logo Restriction Violates Employees’ Section 7 Rights

An employer’s policy prohibiting employees from wearing baseball caps other than the employer’s is an unlawful restriction on employees’ Section 7 activity, an NLRB Administrative Law Judge has decided.  Quad Graphics, Inc., 32-CA-062242 (July 31, 2013). Under the National Labor Relations Act, the wearing of union insignia by employees in most workplaces   generally is presumed … Continue reading NLRB Judge Says Employer’s Baseball Cap Logo Restriction Violates Employees’ Section 7 Rights
August 8, 2013

Update: Interesting Times on the Hill, But the Real Action Is in the Courts

Labor law issues again have taken a leading role in Washington politics.  As reported on this blog recently, two controversial GOP-supported bills are currently before the House Education and Workforce Committee.  See, NLRA Amendments Introduced in Congress. While their passage is extremely unlikely, given the Democrat majority in the Senate, the issues addressed by both … Continue reading Update: Interesting Times on the Hill, But the Real Action Is in the Courts
July 23, 2013

Fourth Circuit Finds NLRB Did Not Have Quorum

The Fourth Circuit Court of Appeals ruled yesterday in two cases that President Obama’s recess appointments to the National Labor Relations Board were invalid, and therefore, the NLRB did not have a quorum when it issued rulings in the two cases before it.  The cases are Huntington Ingalls Incorporated v. National Labor Relations Board and … Continue reading Fourth Circuit Finds NLRB Did Not Have Quorum
July 18, 2013

United Food and Commercial Workers Union Likely to Rejoin AFL-CIO

It appears the Change to Win Federation (CTW), labor’s ambitious effort to revive the American labor movement, may be on its death bed.  The United Food and Commercial Workers Union (UFCW), one of the founding members of CTW, is about to follow UNITE-HERE, the United Brotherhood of Carpenters (UBC), and the Laborers’ International Union of … Continue reading United Food and Commercial Workers Union Likely to Rejoin AFL-CIO
July 17, 2013

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