Kevin M. SibbernsenBlog Posts

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  • NLRB Refuses to Deflate ‘Scabby the Rat’

    A union’s use of Scabby the Rat (an inflatable rat “approximately 12 feet in height with red eyes, fangs, and claws”) and inflammatory banners targeting a neutral employer, without more, does not violate the National Labor Relations Act (NLRA), the National Labor Relations Board (NLRB) has ruled. Lippert Components Inc., 371 NLRB No. 8 (July... Continue Reading
    July 27, 2021
  • NLRB Members Intend to Revisit Applicability of ‘Contract Coverage’ Standard in Unilateral Change Cases

    How the NLRB analyzes defenses to unilateral change unfair labor practice charges may be in for a substantial revision. National Labor Relations Board (NLRB) Chairman John Ring and Member Marvin Kaplan have signaled their interest in reviewing the law in this area. E.I. du Pont de Nemours & Co., 368 NLRB No. 48 (Sept. 4, … Continue Reading The post NLRB Members Intend to Revisit Applicability of ‘Contract Coverage’ Standard in Unilateral Change Cases appeared first on Labor & Collective Bargaining.
    September 10, 2019
  • NLRA Preempts Municipality’s Right-to-Work Ordinance, Seventh Circuit Holds

    While the National Labor Relations Act allows states to enact right-to-work laws, it does not authorize local municipalities to do so, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held. I.U.O.E. Local 399 v. Village of Lincolnshire, No. 17-1300 & 17-1325 (7th Cir. Sept. 28, 2018). This decision is contrary to … Continue Reading The post NLRA Preempts Municipality’s Right-to-Work Ordinance, Seventh Circuit Holds appeared first on Labor & Collective Bargaining.
    October 18, 2018
  • NLRB General Counsel Urges Reversal of Purple Communications Email Rule

    The National Labor Relations Board’s office of the General Counsel is urging the Board to overrule its decision in Purple Communications, Inc., 361 NLRB 1050 (2014), which allowed employees to use employer email systems for NLRA Section 7 purposes (e.g., union organizing and protected concerted activity) during nonworking time. On August 1, 2018, the Board invited … Continue Reading The post NLRB General Counsel Urges Reversal of Purple Communications Email Rule appeared first on Labor & Collective Bargaining.
    October 1, 2018