The Total Impact of the Total Security Management Decision on Employers

New interpretive guidance issued by the National Labor Relations Board (NLRB) clarifies the power that an employer has to discipline employees during the time period between when the union wins a certification election and the employer signs a collective bargaining agreement. Although an employer can impose discipline during this time period, it is not without … More The Total Impact of the Total Security Management Decision on Employers

Court says State and Local Minimum Wage Standards can Trump Collective Bargaining Agreements

In American Hotels & Lodging Association v. City of Los Angeles, the Court of Appeals for the 9th Circuit rejected the argument that the National Labor Relations Act (NLRA), which governs relations between labor and management (including collective bargaining to set wages and other terms and conditions of employment), preempts local minimum wage ordinances that … More Court says State and Local Minimum Wage Standards can Trump Collective Bargaining Agreements

AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work

The big picture of why legislation is passed is often missed in legal analysis. I have posted a separate legal update on our web site regarding the effects of California’s AB 219 and AB 852, but the reasoning behind the bills is more interesting. Throughout the country the unionized workforce is dwindling, and many union … More AB 219 and AB 852: Two More Skirmishes in the Larger Battle for the Control of Construction Work

Employers Must Be Prepared to Respond to an Ambush Election

Stephen R. McCutcheon, Jr., Attorney at Law The National Labor Relations Board’s new rule to expedite elections and limit employer rights in representation cases – referred to by many as the “Ambush Elections Rule” – went into effect on April 14, 2015. Legal challenges to the rule continue to work their way through the courts, … More Employers Must Be Prepared to Respond to an Ambush Election

NLRB Invites Briefing On Requiring Employers to Open Their E-Mail Systems to Union Organizing

Stephen R. McCutcheon, Jr., Attorney at Law NLRB General Counsel Griffin indicated in a memo approximately two months ago that he intended to attack the President Bush-era decision in Register Guard, 351 NLRB 1110 (2007) which held that employees do not have a statutory right under the NLRA to use their employer’s e-mail system for … More NLRB Invites Briefing On Requiring Employers to Open Their E-Mail Systems to Union Organizing