By: Otto S. Shill, III For employers in western states, labor disputes may seem like remote events that happen between unions and companies in industrial cities east of the Mississippi River. After all, Arizona is an “at will employment” and “right to work” state, isn’t it? But here in Arizona…
On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued a report and Memorandum offering “guidance” on various provisions of employer handbooks in his hope that employers review their handbooks and rules to ensure they are lawful.
On December 10, 2014, the National Labor Relations Board (NLRB) held that if an employer makes its e-mail available to its employees for use in connection with their job, the employer must permit employees to use the e-mails system “for statutorily protected communications.”
Jennings, Strouss & Salmon labor and employment attorney John J. Egbert is featured in a Phoenix Business Journal article entitled, “What Steve Nash’s divorce can teach businesses, workers about social media.” The article discusses the precedents Steve Nash’s divorce case may have set in terms of how social media is…
Tuesday, July 30 marked the first time in more than a decade that all 5 member positions have been filled on the National Labor Relations Board (NLRB). The senate took a vote Tuesday morning to appoint several nominees. As part of a bi-partisan agreement reached this month, two new candidates…
By Keith Overholt Today, the United States Court of Appeals for the District of Columbia Circuit held that President Obama’s recess appointment of NLRB Members Block, Flynn and Griffin were unconstitutional because the vacancies which they filled did not arise during “the Recess” of the Senate and the appointments were…
By: Jennings, Strouss & Salmon, P.L.C. The National Labor Relations Board (NLRB) has dealt another blow to employers who lose a labor dispute under the National Labor Relations Act (NLRA). In a recent decision, Latino Express, Inc. v. International Brotherhood of Teamsters, Local 777, 359 NLRB No. 44 (2012),…
By John Egbert Employers that have a Social Media policy should pull it out and review it in light of a recently-issued memorandum by the NLRB’s Acting General Counsel. The memorandum identifies several examples of provisions which are common in many employers’ social media policies, and which (at least according…
By Keith Overholt The National Labor Relations Act protects employees’ rights to engage in protected concerted activity. Broadly, this means employees have the right to discuss the terms and conditions of their employment including wages, fringe benefits and working conditions. An employee has this right regardless of whether there is…
By Keith Overholt On May 14, 2012, the United States District Court for the District of Columbia ruled the NLRB’s “quickie election rule” that was effective April 30, 2012 is invalid because the Board did not have a quorum at the time the rule was adopted. The first sentence of…
