Labor Law Archives - Page 5 of 17 - Kollman & Saucier P.A.

NLRB: “Salt Mine” for Employees Means ULP for Employer

Darrell VanDeusen

11/27/2020

Unless you have been off the planet for the last four years, you’ve likely heard of The Federalist, the conservative online magazine “focused on culture, politics, and religion that publishes commentary on a wide variety of contemporary newsworthy and controversial topics.” It’s a part of FDRLST Media, LLC, which also has websites, electronic newsletters and satellite radio shows. The publisher of The Federalist is Ben Domenech. As...

Kollman & Saucier

11/17/2020

Labor Law

For those of us who practice labor and employment law, the COVID-19 pandemic has normalized both the use of Zoom and mail ballot union representation elections. These phenomena have inherent risks, such as technical malfunctions and voter irregularities. Both of these concerns surfaced in a recent NLRB case when a Zoom link failed during the counting of mail ballots. Stericycle, Inc. and International Association of Sheet Metal, Air,...

Kollman & Saucier

11/12/2020

Labor Law

Mail ballots. Those two little words have made big headlines lately, even in the world of labor law. As the Covid-19 pandemic continues to roll on, the National Labor Relations Board (Board) issued a decision outlining six specific factors that Regional Directors (RDs) should consider in deciding whether to hold mail-ballot elections or manual elections. Aspirus Keweenaw, Case 18-RC-263185 (11/9/20). The underlying facts involve the...

Kollman & Saucier

07/29/2020

Agency Activity, Labor Law

In Excelsior Underwear, 156 NLRB 1236 (1966), the National Labor Relations Board (NLRB) first required employers to provide unions with the names and home addresses of eligible voters in advance of representation elections. This list of voters became known as an Excelsior list. In 2014, the NLRB expanded the information required to be on Excelsior lists to include all available personal email addresses and cell phone numbers. On Tuesday, July 29,...

Darrell VanDeusen

07/22/2020

Labor Law

One of the first cases I worked on as a baby lawyer involved a guy who was fired for cussing out his supervisor. The employee’s union claimed that it was really because of his protected union activity; he was simply disagreeing with his boss. Colorfully. Very colorfully. I was tasked to figure out whether the company should rescind the termination. The answer was no: the “Wright Line” test (based on the NLRB’s decision in Wright...

Kollman & Saucier

01/06/2020

Labor Law

Section 7 of the National Labor Relations Act gives employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Section 8(a)(1) of the Act protects these rights by making it an unfair labor practice for an employer “to...

Kollman & Saucier

12/19/2019

Labor Law, Sexual Harassment

Employers have a legitimate interest in investigating allegations of employee misconduct. It seems obvious that a certain amount of confidentiality is required to maintain the integrity of those workplace investigations. Otherwise, investigations may be hindered. Parties may be coached or discuss ahead of time what they will say, accusers may openly discuss complaints and try to influence others to provide corroboration, employees...

Frank Kollman

10/29/2019

Labor Law

The National Labor Relations Board recently affirmed a decision that an employee's rudeness and disrespect toward his supervisor (in this case the president of the company) did not necessarily warrant termination if the employee is exercising statutory rights. Blue Earth Digital Printing, Inc., 31-CA-133542 (2019). The employee, after a somewhat heated exchange with the employer, said: “I don’t think that you really care about our jobs or...

Frank Kollman

10/25/2019

Labor Law

When a company purchases another company that has a unionized workforce, there are various rules developed by the National Labor Relations Board to decide the status of the union following the purchase. Generally, the purchaser is not obligated to adopt the Union contract, and it can set whatever rates and benefits it wants for any employees it hires. The purchaser, however, may be obligated to recognize and bargain for a new contract with the...

Kollman & Saucier

10/18/2019

Labor Law

As you may recall, under President Obama's National Labor Relations Board, seemingly innocuous work rules set forth in employee handbooks were routinely struck down as violating Section 7 of the National Labor Relations Act. The pendulum has swung the other way under President Trump's NLRB, as is shown by the Board's recent decision in LA Specialty Produce Company, No. 32-CA-207919 (10/10/19). The case concerned two rules that...

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NLRB: “Salt Mine” for Employees Means ULP for Employer

Zoom Outage Not Grounds to Set Aside NLRB Election

NLRB Outlines Covid-19 Factors Warranting Mail-Ballot Elections

NLRB Proposes Changes To Excelsior Lists

Wright Line is Baaaaaaaack. No More Cussin’ Folks.

NLRB Ordered To Consider NLRA’s Conflict With Anti-Discrimination Laws

NLRB Reverses Course on Legality of Investigation Gag Orders

Determining How Rude An Employee Can Be to the Boss

NLRB To Review Successor Rule on Bargaining

NLRB Finds Confidentiality and Media Contact Rules Lawful

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Category: Labor Law

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