The National Labor Relations Board General Counsel Peter Robb issued General Counsel Memorandum 19-02, reducing case processing time. This will affect virtually every charge handled by the NLRB. The primary change is the end of agency wide case processing deadlines. Previously, the NLRB’s Division of Operations Management in Washington, D.C. required the Regions to submit reports…

Union and Non-Union employers – consider this your monthly reminder to have competent labor counsel review your handbooks for compliance with the NLRB’s recent rulings about common provisions that violate the National Labor Relations Act. And for the companies that believe that the NLRB will be reined in under President Trump, well, Trump’s nominations have…

Some workers at Tesla’s Freemont, California electric car factory are following a common play from the union organizing handbook: file specious unfair labor practice charges. Unions often file these to increase the employer’s cost of defending against unionization, to throw red herrings at the employer during the organizing campaign, and to foster media interest in…

A nursing home operator operates six healthcare facilities represented by the Service Employees International Union. The Union prepared flyers and stickers stating that the operator had recently been “busted” when an NLRB regional director issued an unfair labor practice complaint against the Company. A complaint is just an allegation, so the Company was not “busted.”…

A union seeking to organize a construction employer’s drywall workers did not violate the National Labor Relations Act (NLRA) by following the employer’s supervisors and managers aggressively in cars – including running red lights to maintain pace – from the employer’s main office to various jobsites. Section 8(b)(1)(A) of the NLRA prohibits unions from restraining…