A non-supervisory parts inspector noticed that a fellow employee, a machine operator, had not shown up to work recently. The inspector asked the plant manager about the machine operator, and the plant manager responded that the machine operator “doesn’t work here anymore.” The inspector then used his cell phone to call the operator, who explained…

Several employees at a meat packing plant had begun supporting efforts by the Laborers’ Union to organize employees. One employee joined in on lunchroom talks about the benefits of a union and voiced his support for the Union. About a month later, the Company laid off several employees, including the employee just mentioned. The Company…

In 2009, AT&T and the Communication Workers of America union were involved in contentious contract negotiations. In an effort to make the public aware of the dispute, AT&T employees began wearing a controversial T-shirt when visiting customer homes. The shirt said “Inmate” on the front, and the back of the shirt said “Prisoner of AT$T”…

The Board recently overturned 38 years of NLRB precedent regarding an employer’s obligation to produce employee witness statements to unions. The old standard implemented a bright line rule where witness statements were a unique form of information that could be kept confidential, even if the company was required to provide the witness’s name or title…

The National Labor Relations Board has been clear that companies cannot impose a blanket confidentiality rule on employees during investigations. However, it seems that employers are still having difficulty with this new standard. In a recent case, a hospital used company forms that requested that employees interviewed during company investigations keep the interviews confidential and…

The National Labor Relations Board has historically declined to assert jurisdiction over religious colleges and universities if they met the Board’s “substantial religious character” test. However, in a recent decision, the Board changed its standard such that it would assert jurisdiction unless an institution (1) holds itself out as “providing a religious educational environment” and…