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Employee’s Complaint About Low Tippers Not Protected Concerted Activity, NLRB Majority Rules
  • Proskauer Rose LLP
  • USA
  • February 1 2019

The right of employees to band together for purposes of bringing grievances to their employer is at the very core of the National Labor Relations Act


U.S. Department of Labor Appoints Three New Members to the ARB
  • Proskauer Rose LLP
  • USA
  • January 31 2019

On January 8, 2019, the DOL announced Secretary Alexander Acosta’s appointment of three new members to the Administrative Review Board (ARB), filling


Decertification Petition Was Improperly Dismissed, NLRB Rules
  • Proskauer Rose LLP
  • USA
  • January 4 2019

Recently, we explored how the NLRB’s rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from


NLRB Finds Employer Effectively Repudiated Unlawful Handbook Ruleand RecusalGate Continues
  • Proskauer Rose LLP
  • USA
  • October 23 2018

The Board issued an interesting decision discussing an employer’s successful efforts to repudiate unlawful conduct, which we’ll get to in a minute


Arbitration Class Waivers, Past Practice (not established) and Skirmishing Over Information Requests All Part of Recent NLRB Action
  • Proskauer Rose LLP
  • USA
  • August 8 2018

Since December 2017, when the Board issued a number of decisions which restored precedent that had been changed in the last few years, (discussed here


Employee’s Failed Attempt To Secure Union Representation Sufficient Notice of Weingarten Request, Divided NLRB Rules
  • Proskauer Rose LLP
  • USA
  • June 28 2018

One area of labor relations that continues to vex practitioners is the scope of the so-called Weingarten rights. NLRB v. J. Weingarten Inc., 420 U.S


Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The LawWho Knew?
  • Proskauer Rose LLP
  • USA
  • February 9 2018

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions


NLRB Reverses Information Request DecisionAfter Court Reverses Board Decision
  • Proskauer Rose LLP
  • USA
  • January 16 2018

December saw a flurry of decisions by the NLRB as it briefly held a full complement. The Board currently has only four members and so law-changing


NLRB Restores Ability Of ALJ’s To Accept Settlement Offers Over Objection of Charging Party and General Counsel- Overrules One Year Old Precedent
  • Proskauer Rose LLP
  • USA
  • December 18 2017

In the last few years, December has been a time of change at the NLRB. The last few Decembers have seen precedent overturned and other sweeping


A Return to Clarity: Traditional Joint Employer Test Reinstated
  • Proskauer Rose LLP
  • USA
  • December 18 2017

As we noted last week, one of the more controversial Obama-Board rulings expanding joint employer liability was overruled this past week. In a