Labor Relations Law Blog

A new NLRB decision dramatically restricts the ability of employers to “permanently replace” economic strikers.  See Piedmont Gardens, 364 NLRB No. 13 (May 31, 2016).  Since the Supreme Court’s landmark decision of NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), it has been understood that employers have a broad right to “permanently replace” employees who are on an economic strike.  ...

In a new enforcement memorandum, the NLRB General Counsel has directed the Regional Offices to pursue litigation opportunities to overturn existing law on withdrawal of union recognition.  See Memorandum GC 16-03 (5/9/16).  Under current law, an employer may withdraw union recognition when presented with objective evidence of an actual lack of majority support among the unit employees.  Typically, this ...

To stay informed and to better serve our clients, Atkinson, Andelson, Loya, Ruud & Romo labor law attorneys keep on top of the latest statute and rule changes, whether these changes are actual, proposed, or even rumored. We also stay current on the most recent decisions from courts and administrative boards.

We don’t merely learn about new rulings — we analyze them in depth to determine how they affect our ...

The National Labor Relations Board (NLRB) continued its assault on employer handbook rules by invalidating an employer’s policy against electronic recording in the workplace.  See T-Mobile USA, Inc., 363 NLRB No. 171 (April 29, 2016).  The ruling signals that the current NLRB is intent on allowing, and encouraging, employees to use smartphone recording technology in the workplace to further both ...