Company Loses Unfair Labor Practice Charge Because It Could Not Show Lateness Was Reason for Termination

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…
Read More

NLRB Provides Newly-Certified Unions with Roadmap for Bringing Unfair Labor Practice Charges

After a union prevails in a representation election, the Board issues the company a “Certification of Representative.” Recently, the Board has also begun issuing a new document titled “Notice of Bargaining Obligation” (Notice) along with the Certification of Representative. This new document explains to a union and employers the employer’s collective bargaining obligations after a…
Read More

Data Breach Leads to NLRB Filing Complaints

The United States Postal Service suffered a data security breach at the end of 2014. Electronic files including information such as employee names, dates of birth, social security numbers, addresses, beginning and end dates of employment, and emergency contact information was compromised in the breach. The Postal Service offered affected employees a free year of…
Read More

Suspension Threat to Union Rep Unlawful

Weingarten rights permit employees to have a union representative attend an investigative interview the employee reasonably believes may result in discipline. The union representative can assist the interviewee. But how much assistance can be rendered was recently litigated when a manufacturer threatened a union steward with suspension for using notes during an investigatory meeting. The…
Read More

How do You Lose a Union Election after Winning It?

Employees at an industrial aluminum facility in New York started a union organizing drive. The Company countered with an anti-union campaign. The union lost the election by roughly 271 votes for representation to 285 votes to stay union-free. During the campaign period, the union filed numerous unfair labor practice charges alleging that the Company restored…
Read More

NLRB Wants Former Employers to Pay for Job Search Expenses of Former Employees

National Labor Relations Board General Counsel Richard Griffin instructed NLRB Regional Offices to request employees be reimbursed for job search costs and work-related expenses they incur due to violations of the National Labor Relations Act. This order modified a 2011 order by then acting-general counsel Lafe Solomon. Solomon wrote that the Board’s practice was to…
Read More