Appellate Court Reins in NLRB’s Dress Code Decision, Finds that AT&T Can Prohibit Employees from Wearing “Inmate” Shirt

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”…
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NLRB Now Requires Companies to Give Most Employee Witness Statements to Unions

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…
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Companies Continue to Struggle with Limitations on Confidentiality

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…
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National Labor Relations Board Asserts Jurisdiction over Religious Educational Institutions

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…
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NLRB Creates Heightened Supervisory Standard

Two security force lieutenants at a nuclear power plant participated in presenting complaints on behalf of rank-and-file security officers. The lieutenants were fired and as a result alleged that their termination violated the National Labor Relations Act because they were terminated for engaging in protected concerted activity. The administrative law judge concluded that the two…
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Union Seeking to Organize Columbia’s Graduate Students

The United Auto Workers (UAW) first petitioned the National Labor Relations Board to represent about 3,000 graduate assistants at Columbia University in December of 2014. The Regional Director dismissed the petition based on current law that prohibits graduate students from joining unions because they are students, not employees. On appeal, the Board reinstated the petition…
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