Employers are pleasantly surprised when I tell them that bargaining for a collective bargaining agreement does not mean that every part of running their business must be negotiated. I then explain what a management rights clause is – a blog entry for a later day – and the difference between mandatory, permissive, and illegal subjects of bargaining.…

President Biden’s appointed NLRB General Counsel is quickly making several changes to established laws and procedures. The NLRB GC is responsible for setting the agenda of the Board and highlighting how she would like Board Members to rule on certain cases if is the opportunity to do so arises. Just weeks into her new role…

We have warned you several times (here, here and here) that the National Labor Relations Board was going to change the definition of joint employer to the detriment of Companies. Yesterday our fear came true. In fact, two Board members said this was “the most sweeping of recent major decisions.” Staffing and user companies, franchisors,…

Produce dealer Farm Fresh Company Target One, LLC was found guilty of interfering with its employees’ right to organize a union at the workplace. Specifically, the Company discharged four workers due to their union activities. As part of its remedy, the National Labor Relations Board required the Company to rehire the workers unconditionally, but the…

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter   Does Your “At-Will” Employment Disclaimer Violate the NLRA? This is becoming an unfortunate theme to my monthly column. If you haven’t noticed, I write an article highlighting something of significance that occurred at the National Labor Relations Board the previous month. When…

  As appeared in the Human Resource of Central Ohio (HRACO) monthly newsletter   Optional Employee Arbitration Agreements Allegedly Violate the NLRA When I first learned about this, I thought “Just how far will the National Labor Relations Board go to exert its influence over businesses without unions?” If you follow my articles in this newsletter…