How to Respond to an NLRB Investigation

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 the local regional office of the National Labor Relations Board (NLRB) is...

The NLRB’s Latest Do’s and Don’ts of Emp...

By John G. Sestak, Jr. In recent years, the National Labor Relations Board (NLRB) has launched a new approach with respect to employer/employee relations by studying employer handbooks to determine whether they violate the rules protecting concerted activity. On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued a report and Memorandum[1] offering “guidance” on...

NLRB Rules that Employees May Use Compan...

By Keith F. Overholt A new name has entered the lexicon of American labor law:  Purple Communications.  It will turn employers several shades of red when they learn that, 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...

Jennings Strouss Attorney John J. Egbert...

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 used and how it can impact legal contracts,...

Senate Confirms Obama’s 5 NLRB Nom...

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 Kent Hirozawa and Nancy Schiffer were appointed to replace the two candidates President Obama...

DC Court Invalidates Obama’s NLRB ...

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 not made during “the Recess”.  The court held that...