Labor & Employment Law

The Limitations In Having A Two Member NLRB
Essex Valley Visiting Nurses, 352 NLRB No. 61 (April 30, 2008), is a critically important NLRB decision which illustrates the limitations of having an NLRB that is not at full strength...

NLRB Decisions To Be Released On-line
A June 6, 2008, NLRB Press Release, available here, states that NLRB and ALJ decisions will be released on-line under a pilot program. Currently, NLRB decisions are mailed to the parties and released on the Board's web site 3 business...

NLRB permissibly concluded that employer justified its refusal to discharge replacements to make way for economic strikers.
United Steel v. NLRB, __F.3d___(7th Cir. 2008), is an important circuit affirmance of an NLRB decision concerning the reinstatement rights of strikers. The 7th held that given the totality of the circumstances in a union's unfair labor practices proceeding under...

9th Overturns NLRB and Holds Ban on Union Buttons Was Unlawful
Washington State Nurses v. NLRB, ___F.3d___(9th Cir. May 20, 2008) is an important case. The court held that a ban on union buttons was a ULP and disagreed with the NLRB which held that special circumstances justified the ban...

D.C. Circuit Affirms Red Arrow Standard To Determine Voter Eligibility
Abbott v. NLRB, ___F.3d___ (D.C. Cir. April 18, 2008) is an important decision concerning an appeal from the NLRB. This decision reaffirms Red Arrow, 278 NLRB 965 (1986). Under this standard, an employee who is a member of a unit...

NLRB Issues Important Decision Discussing The Line Between NLRA and RLA Jurisdiction
Aircraft Services, International, 352 NLRB No. 23 (Feb. 20, 2008), is an interesting NLRB case concerning the line between a Railway Labor Act carrier and a NLRA employer. The Board held that fuelers, GSE (ground service equipment) mechanics, tank farm...

Deja Vu
Exotic Dancers file class action claiming back wages