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...

Bush's NLRB Legacy: #3 of 12
At-will strike replacements are "permanent" replacements. #3 in a series of 12 significant actions by the Bush Board. Jones Plastic & Engineering Co., 351 NLRB No. 11 (September 27, 2007) (3-2)...

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...

NLRB to be Slow as Molasses
The NLRB review of the WGA charges filed against the AMPTP is likely to involve special review by the agency's Washington office, says the Hollywood Reporter. This will make the process even slower than normal, increasing the likelihood (as I previously blogged) that the agency review will come long after the DGA has concluded a deal.