NLRB Tightens “Concerted Activity” Standard

A skycap for Alstate Maintenance at New York’s JFK airport complained about the tips he previously received from the French soccer team. The majority of skycaps’ compensation comes from tipping. The skycap complained in front of his co-workers to his supervisor, “we did a similar job a year prior and we did not receive a tip…
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How Will The NLRB’s New Investigation Procedures Affect Your Cases?

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…
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Conflicting Evidence Means Union Wins at Hearing

The National Labor Relations Board must issue a complaint if it finds conflicting testimony during an investigation of an alleged unfair labor practice charge. When an unfair labor practice charge alleges a supervisor said or did something and the supervisor said he didn’t; that he said, she said situation is conflicting testimony that can generally…
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NLRB Again Rules Telling Employees the Truth is an Unfair Labor Practice

Employees at Southern Bakeries filed a decertification petition in 2011 – yes, this case started in 2011. That election was unsuccessful. Another employee waited the required 1-year and filed a second decertification petition in 2012. After that filing, the employee collected signatures of 2/3 of the bargaining unit expressing their interest in decertifying the union.…
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Company’s Discipline toward Pro-Union Employees Unlawful

A provider of paratransit services began to question whether its drivers were submitting all of their daily fares. The company conducted an audit, which revealed that some drivers had not remitted all of their fares to the company. The company required those drivers to repay the amounts it had identified as discrepancies. Two drivers refused…
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Unfair Labor Practice to Ban “Badmouthing” of Bosses

A package delivery service was in the midst of a Teamsters organizing campaign when the company’s general manager told an employee involved in the organizing drive that “it had come to his attention that he had been “badmouthing” managers in the parking lot, and that such conduct was unprofessional, and that if this conduct continued,…
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