At the end of 2017, the NLRB issued a decision reversing the enhanced “overwhelming” community of interest standard and its much derided “micro units” in determining the appropriate unit for representational purposes. In its 3-2 decision in PCC Structurals, Inc., 365...
My Employees Want to participate in a National Strike, What are My Options?
A new tide of political involvement has swept the nation after the election of President Donald Trump. Groups of people are marching, participating in Town hall rallies, and organizing at the grass roots level at an unprecedented rate. Recently, the group that...
Trump Appoints Philip Miscimarra as Chairman of the NLRB
President Trump has tapped National Labor Relations Board Member Philip Miscimarra to be acting Chairman. Mr. Miscimarra will replace Mark Gaston Pearce who served as the NLRB Chairman under President Obama since 2011. Mr. Miscimarra is a graduate of the University...
Unionized Employers May Have Less Than They Bargained For
A recent decision from the National Labor Relations Board (“NLRB”) may significantly weaken the “management rights” clauses found in many collective bargaining agreements. A management rights clause reserves certain rights to management, often anything not covered by...
NLRB Issues Further Social Media Guidance
In follow up to our previous post (May 9, 2011) regarding the National Labor Relations Board’s (“NLRB”) treatment of social media, the NLRB released further guidance in an effort to assist employers in evaluating the legality of social media policies...
Employers with Mandatory Arbitration Agreements Advised to Review Their Policies
If you are an employer that maintains a mandatory arbitration agreement that waives the rights of employees to participate in class or collective actions, your arbitration agreement may be in violation of the National Labor Relations Act (“NLRA”). Pursuant to the...
Upcoming Labor/ Employment Law Seminar
Attorney Jeffrey Mogan will be presenting a seminar entitled “A Legal Roadmap to Operating Efficiently in Unionized Health Care Facilities” at the Connecticut Association of Health Care Facilities (CAHCF) annual Educational Conference on November 9, 2011 in Cromwell. ...
NLRB Postpones New Posting Requirement
In follow up to our previous post on April 13, 2011, the proposed rule to require employers covered by the National Labor Relations Act (“NLRA”) to post workplace notices describing employees’ rights under the NLRA has been delayed into 2012. The stated purpose of...
NLRB Proposes Controversial Changes to Election Process
The National Labor Relations Board recently proposed changes to its pre-election and post-election procedures that would significantly impact employers and could result in a greater number of successful union elections. Most notably, the reform would require that the...
Employee’s Twitter Comments Trigger NLRB Complaint
On the heels of the well publicized settlement this past February between the Hartford office of the National Labor Relations Board (“NLRB”) and AMR of Connecticut resulting from the NLRB’s complaint that the employer unlawfully terminated an employee in response to...