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Littler Shareholders Maury Baskin and Michael Lotito Testify at NLRB Public Meeting

Nearly 50 speakers have or are slated to testify during the National Labor Relations Board’s 2-day public meeting on the proposed expedited or “ambush” election rule. The Board sought input on approximately 20 different issues stemming from the proposed rule, which would make significant changes to pre- and post- representation election process. Among the speakers were Littler Shareholders Michael Lotito and Maury Baskin, who testified specifically about the proposal’s expedited timing of the pre-election hearing; the requirement that an employer identify all...

Recent Board Cases Reach Different Results in Review of Employer Work Rules

A trio of recent cases highlights the National Labor Relations Board’s current focus on employer work rules and conduct policies.  Under Section 8(a)(1) of the National Labor Relations Act, workplace rules that “explicitly restrict” an employee’s exercise of protected concerted activity are unlawful.  Even workplace rules that do not explicitly limit employees’ rights may be illegal if employees reasonably would understand the rules to prohibit such activity.  The NLRB’s two-member Republican minority and its three-member Democrat majority...

House Committee Advances Bills Seeking to Block NLRB Election Rule

During a Wednesday markup session, the House Committee on Education and the Workforce voted along party lines in favor of sending to the House floor two bills that would effectively prevent the National Labor Relations Board from moving forward with its proposed expedited or “ambush” election rule in its current form.  According to Chairman John Kline (R-MN), the two bills “provide an appropriate government response” to the Board’s proposed rule. Continue reading this entry at Littler's Workplace Policy Update.

NLRB Clarifies Lawful Weingarten Representation Activity and Permissibility of Unilaterally Requiring Interviewees to Attest to the Veracity of Investigatory Interview Notes

On March 25, 2014, the National Labor Relations Board affirmed the Administrative Law Judge’s ruling that an employer violated various sections of the National Labor Relations Act by engaging in retaliatory acts against an employee for his conduct in representing a coworker at an investigatory interview, and by unilaterally adopting a requirement that employees certify the veracity of investigative interview notes. Murtis Taylor Human Services Systems, 360 NLRB No. 66 (Mar. 25, 2014).In July 2011, the employer held a pre-disciplinary investigative interview of an employee for possible...

Legislation would Effectively Prevent NLRB's Representation Election Rule From Moving Forward

As a preemptive strike against a final “ambush” representation election rule, Republican lawmakers in both chambers introduced legislation that would blunt its intended effects. In February, the National Labor Relations Board reissued its controversial proposal that would not only expedite union election procedures, but also fundamentally alter the way elections are carried out, and remove many employer due process rights. The reissued proposal was substantively the same as that initially introduced in June 2011, which triggered over 65,000 comments.  The Board will hold...

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Format: 2014-04-23
Format: 2014-04-23