Labor Law Blog

Macy’s, Inc., 365 NLRB No. 116 (August 14, 2017) An employer’s rule restricting employees from disclosing customer information from the employer’s confidential records did not violate the National Labor Relations Act (“the Act” or “the NLRA”).  Because the rules were limited to information contained in the confidential files of the employer, they were lawful.  The...

Change on the Horizon:  On January 26, 2017, President Trump named Board member Philip A. Miscimarra Acting Chairman of the NLRB.  Miscimarra, who is the sole Republican member of the Board, was known for his colorful dissenting opinions often in favor of employers.  Trump will likely nominate Republicans to fill the two current vacancies on...

Weavexx, LLC, 364 NLRB No. 141 (November 2, 2016) The Board reversed the Administrative Law Judge's finding that the employer violated Section 8(a)(5) and (1) by making unilateral changes to the pay cycle and payday without offering the union notice and an opportunity to bargain.  The Administrative Law Judge should have deferred to the arbitrator's...

Prime Healthcare Services-Encino, LLC d/b/a Encino Hospital Medical Center and Prime Healthcare Services-Garden Grove, LLC d/b/a Garden Grove Hospital & Medical Center, 364 NLRB No. 128 (October 17, 2016). The employers violated Section 8(a)(5) and (1) by: (1) failing to pay anniversary step wage increases to eligible employees after the collective bargaining agreements expired; and...

Tampa Electric Company, a wholly owned subsidiary of TECO Energy, Inc. d/b/a TECO Peoples Gas, 364 NLRB No. 124 (September 16, 2016) The employer violated: Section 8(a)(1) by asking an employee why he wanted to unionize and promising the employee a wage increase to encourage him to abandon his support for union representation; Section 8(a)(5),...

United States Postal Service, 362 NLRB No. 116 (August 27, 2016) The Board clarified the appropriate standard, under Independent Stave Co., 287 NLRB 740, 743 (1987), for evaluating orders approving and incorporating settlement terms proposed by a Respondent over objections of the General Counsel and Charging Party: whether the order provides a full remedy for...

Public Service Company of New Mexico, 364 NLRB No. 86 (August 22, 2016) The employer violated Section 8(a)(5) and (1) by unilaterally implementing a policy limiting the union's access to its facility and announcing a change to its respiratory fit-test rule and by failing to provide requested information, but did not violate Section 8(a)(5) and...

In Retro Environmental, Inc./Green Jobworks, LLC, 05-RC-153468, 364 NLRB No. 70 (August 16, 2016), the Board applied its Browning-Ferris standard for joint employers and ordered an election, ruling the staffing agency and its construction company client were joint employers even though the companies' projects were scheduled to end shortly at the time of the hearing. ...