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Faegre Baker Daniels: NLRB Overrules 36-Year Precedent: Confidential Witness Statement Production Now Subject to Balancing Test

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NLRB Overrules 36-Year Precedent: Confidential Witness Statement Production Now Subject to Balancing Test

Faegre Baker Daniels
January 4, 2013
2 pages

Union/Organized Labor News

Jackson Lewis: Fourth Circuit Strikes Down NLRB’s Notice-Posting Rule as Beyond NLRB’s Statutory Authority under NLRA

June 19, 2013 NLRB Requires Employers to Post Employee Rights Notice

Holland & Knight: Fourth Circuit Joins D.C. Circuit in Striking Down NLRB Notice-Posting Rule

June 18, 2013 NLRB Requires Employers to Post Employee Rights Notice

Arent Fox: OSHA Facilitates the Entry of Union Representatives into Non-Unionized Workplaces: How Employers Can Protect Themselves

June 07, 2013 NLRB & Organized Labor Issues

NLRB Objects to Rule Against Employee Discussion of Internal Investigations

Jackson Lewis: NLRB’s Division of Advice Spells Out Lawful Investigations Rule

Weil Gotshal: NLRB Challenges Confidentiality Instructions in Investigations

Davis Wright Tremaine: NLRB Continues to Challenge Restrictions by Employers on Employee Communications

NLRB Launches Website on Nonunion Worker Rights

Duane Morris: National Labor Relations Board Launches Website to Educate Nonunion Employees

Ballard Spahr: NLRB Website Trumpets Rights of Nonunion and Union Workers

Faegre Baker Daniels: Board Website Targets Non-Union Employees After Notice Posting Strategy Fails

NLRB Eyes At-Will Disclaimers

Alston + Bird: NLRB General Counsel Issues Advice Memos Approving At-Will Employment Disclaimers

Arent Fox: NLRB General Counsel Concludes That Two At-Will Policies Do Not Violate the NLRA

Ballard Spahr: NLRB Provides Guidance on At-Will Employment Disclaimers

NLRB Limits Off-Duty Employee Access Rules

Barnes & Thornburg: NLRB Makes it More Difficult for Employers to Control Off-Duty Employee Access to the Workplace

Littler: NLRB Opens the Door for Off-Duty Employees to Engage in Organizing Activity

Jackson Lewis: Retailer that had Non-Union Workers Distribute Anti-Union Fliers Violated Labor Law

Knox v SEIU: SCOTUS Limits Ability of Public-Sector Unions to Collect Fees

Holland & Knight: Public Sector Unions Must Give Each Member Special Notice and Receive Affirmative Consent Before Collecting Special Assessment or Increased Dues from Nonmembers

Baker Hostetler: U.S. Supreme Court Narrows Public-Sector Unions’ Ability To Collect Special Assessments Or Extra Union Dues And Raises Doubts About "Fair Share Fees"

Littler: Opting Out: Supreme Court Holds Public Sector Unions Cannot Force Non-Members to Pay Agency Fees Subsidizing Political Speech

NLRB Rules Against Class Action Waivers in Arbitration Agreements

Hogan Lovells: NLRB ALJ applies controversial D.R. Horton class waiver decision

Locke Lord: Uncertainty Abounds with Class Action Waivers in Arbitration Agreements

Buchanan Ingersoll & Rooney: Update Regarding Validity of Arbitration Agreements Waiving Class Claims

NLRB's Emerging Social Media Guidance

Arent Fox: When Complaining About Your Job Becomes Protected Concerted Activity: NLRB Holds Firings for Negative Facebook Posts About Fashion Company Unlawful

Jackson Lewis: NLRB Judge Holds Union Not Liable for ‘Threats’ Against Employees on Facebook Page

Nixon Peabody: NLRB finds online discussion between non-union employees "protected activity"

NLRB Adopts Rules To Speed Up Union Elections

Jackson Lewis: Setback to NLRB Quickie Election Rule Seen as Appeals Court Halts Argument Set in Employer Challenge

Jackson Lewis: NLRB “Quickie Election” Rule Still Invalid for Lack of Board Quorum, Federal Court Says

Barnes & Thornburg: D.C. District Court Refuses to Amend Its Decision to Invalidate the NLRB’s Ambush Election

Dana Corp & UAW: NLRB Approves Pre-Recognition Agreement

Buchanan Ingersoll & Rooney: NLRB Upholds Neutrality Agreement That Included The “Framework” Of A Labor Agreement

Duane Morris: New NLRB Decision Likely to Aid Union Organizing

Proskauer: The NLRB Allows Employer and Union to Agree to Contract Framework as Part of Neutrality Agreement

NLRB Requires Employers to Post Employee Rights Notice

Jackson Lewis: Fourth Circuit Strikes Down NLRB’s Notice-Posting Rule as Beyond NLRB’s Statutory Authority under NLRA

Holland & Knight: Fourth Circuit Joins D.C. Circuit in Striking Down NLRB Notice-Posting Rule

Alston & Bird: D.C. Court of Appeals Strikes Down NLRB Notice-Posting Rule

NLRB Allows Union To Banner (ie Shame) Neutral Employer

Barnes & Thorburg: D.C. Circuit Enjoins Enforcement of NLRB Notice Posting Rule

Haynes and Boone: If It Looks Like a Picket, But Doesn’t Walk Like a Picket…It’s a Banner

Littler: A Banner Day for Union Boycotts

NLRB Settles Complaint Alleging Illegal "Facebook" Firing

Andrews Kurth: The Impact of the "Facebook Firing" Case on Social Media Policies

Nixon Peabody: The NLRB/Facebook case may have settled, but employer social media policies are still under attack

Davis Wright Tremaine: Can You Restrict an Employee From Calling Her Supervisor a "Scumbag" on Facebook?

Jones Day: Another Court of Appeals Invalidates Recess NLRB Appointment

Jackson Lewis: Another Appointment to NLRB Declared Invalid

Faegre Baker Daniels: Third Circuit Finds NLRB Recess Appointment Invalid

NLRB Wants ‘Speedy Remedies’ For "Nip-in-the-bud" Dismissals

Jackson Lewis: NLRB to Weigh Injunctions Routinely for Unlawful Discharges in Organizing Campaigns, Plans Acting GC

Ballard Spahr: NLRB Aims for ‘Speedy Remedy’ in Cases Involving an Allegation of Discriminatory Termination during an Organizing Campaign

Blank Rome: National Labor Relations Board Announces Streamlined Procedures for Processing Discharges Relating to Union Organizing

Obama Administration's Pro-Union Executive Orders

Wilson Sonsini: New Federal Contracts Require Notice of Union-Organizing Rights

Sidley Austin: Two Employment Regulations Affecting Federal Contractors Take Effect

King & Spalding: DOL Implements Notice Requirement of E.O. 13496: Federal Contractors Must Now Notify Their Employees of Their Right to Unionize

Project Labor Agreements & Large Federal Construction Contracts

Baker Donelson: THEY'RE BAAAACK: PLAs Return to Haunt Non-Union Contractors

Holland & Knight: New Rule Encourages Federal Agencies to Consider Use of Project Labor Agreements

Venable: The Final Rule Implementing the PLA Executive Order: Why it Should Be Challenged

FAR & Influencing Collective Bargaining Activities

Baker & McKenzie: New Rule Prohibits Federal Contractor Reimbursement for Activities to Persuade Employees About Unions

Jenner & Block: Proposed Rule Disallows Costs Associated With Persuading Employees Whether Or Not To Join A Union

Wiley Rein: Government Issues Proposed Rule Amending FAR: Federal Contractors' Expenditures to Influence Employees' Union Activities Curtailed

Register-Guard v. NLRB: NLRB Wrong About Union E-mails

Haynes and Boone: Employers Beware: Unions Win Battle in War Over E-Mail Use

Baker Donelson: The Union Wants to See Your Email Policy

Faegre & Benson: DC Circuit Overrules NLRB, Permitting Use of Company Email for Union Purposes [Guard Publishing Company v. NLRB]

Employee Free Choice Act (EFCA)

Proskauer Rose: Fast Track Elections Likely To Replace Card-Check in EFCA Compromise Bill

Baker Hostetler: EFCA Update: Compromise, Delay and Uncertainity

Baker & McKenzie: Employee Free Choice Act Update