A Burger King franchise was sold. The new owner hired most of the old company’s employees. One employee not hired was a union organizer who was involved in the Fight for $15 campaign. It is illegal to not hire a known union organizer because of that employee’s union organizing activity. At trial, the employer’s manager,…

As many followers of this blog know, the National Labor Relations Board is supposed to have 5 members on it: two representing management, two representing labor, and one from the sitting President’s party. President Trump’s Republican party generally skews pro-management. So, once his nominations are confirmed, the NLRB should consist of a 3-2 pro-company majority.…

In 2016, 40,000 Verizon workers walked off the job and went on strike during contract negotiations. The Communications Workers of America union spent 6 weeks on strike. After the strike ended, the CWA sued one worker who, kept working during the strike. According to the lawsuit, that employee “continued to work throughout the strike and…

Car Wash Licenses Cost Ten Times as Much for Non-Union Companies Local Law 62 was passed by the City Council and signed by Mayor de Blasio in 2015 during a period of intense labor organizing among the city’s roughly 150 car wash companies, many of which are staffed by immigrant, non-union workers. The law made…

The NLRB and courts recognize that off-duty employees have greater rights than non-employees when it comes to accessing the employer’s property to engage in protected activity. The NLRB applies a three-part test to determine if an employer’s off-duty access policy is valid under the National Labor Relations Act. An off-duty access policy is valid only…

When President Trump released his 2018 budget, he slashed the NLRB’s apportioned amount by 6% and called for a staff reduction despite a projected increase to the Board’s caseload. The 6% reduction would result in the lowest total operating budget for the Board since 2009 (President Obama’s first year). Likewise, staff reductions would place the…