1. November 14, 2017

    Changes at the NLRB: New General Counsel Confirmed and New Chairperson Expected

    BY: Thomas Lenz, L. Brent Garrett

    Last week, the U.S. Senate confirmed Peter Robb as General Counsel for the National Labor Relations Board (NLRB). Robb previously represented employers in labor law matters. As General Counsel, Robb will oversee the NLRB in its headquarters in Washington, DC and in its field offices throughout the country. The NLRB’s former General Counsel, Obama-appointee Richard […] more

  2. October 6, 2017

    Construction Company Liable for $76 Million for Fraudulently Creating Alter Ego Companies to Avoid Its Collective Bargaining Agreements

    BY: Steven D. Atkinson, Thomas Lenz, L. Brent Garrett

    A case from New York highlights the distinct labor law challenges for employers trying to do business in both union and non-union markets. In some instances, a company may have decided to set up union and non-union entities to operate independently of each other. In other instances, a unionized employer may have created a non-union […] more

  3. September 15, 2017

    Court Reverses Extortion Convictions of Teamsters Who Threatened to Picket Unless Union Workers Were Hired

    BY: Thomas Lenz, L. Brent Garrett

    It seems to be increasingly the case that employers find themselves facing conflicting demands from labor unions for assignments of work.  Such competing claims are often referred to as jurisdictional disputes.  In other circumstances, employers may find themselves faced with a labor union’s claims that the employer does not provide employees with “area standard” wages […] more

  4. August 2, 2017

    Fifth Circuit Refuses to Enforce NLRB’s Decision that Employer Rule Requiring “Positive” Work Environment Violates NLRA

    BY: Thomas Lenz, L. Brent Garrett

    Employers that have become exasperated at the regulatory zeal of the National Labor Relations Board (NLRB) in the area of workplace policies scored a welcome victory in the Fifth Circuit Court of Appeals.  In T-Mobile USA, Inc. v. National Labor Relations Board, 2017 WL 3138612 (5th Cir. July 25, 2017), the Fifth Circuit refused to […] more

  5. July 28, 2017

    Court of Appeals Finds West Coast Labor Agreement Exempt from Antitrust Laws

    BY: Thomas Lenz, L. Brent Garrett

    On July 24th, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of an antitrust claim against a labor union and a multi-employer collective bargaining association. In International Longshore and Warehouse Union et al. v. ICTSI Oregon, Inc. (9th Cir., July 24, 2017), 2017 WL 3122767, the Court of Appeals held that actions […] more

  6. July 7, 2017

    Court of Appeals Upholds Jimmy John’s Franchisee’s Termination of Employees Who Publicized Misleading Claims about Their Employer

    BY: Thomas Lenz, L. Brent Garrett

    On July 3rd, the U.S. Court of Appeals for the Eighth Circuit decided a case involving the interplay between Sections 7 and 10(c) of the National Labor Relations Act (NLRA). On the one hand, employers may not discharge employees for engaging in activities protected by Section 7 of the NLRA, including employees’ communications to third […] more

  7. June 30, 2017

    William Emanuel Selected for Nomination for National Labor Relations Board Vacancy

    BY: Thomas Lenz, L. Brent Garrett

    On June 27th, President Trump announced the selection of William Emanuel, an experienced management-side labor attorney in private practice, for the second of two vacancies on the National Labor Relations Board. The NLRB oversees and adjudicates union elections and disputes between employers, workers, and unions. It also enacts rules and regulations in furtherance of its […] more

  8. June 26, 2017

    New Nominee Announced for the National Labor Relations Board

    BY: Thomas Lenz, L. Brent Garrett

    On June 19th, President Trump announced his intention to nominate attorney Marvin Kaplan, a Republican, to the National Labor Relations Board. Kaplan currently serves as Chief Counsel of the Occupational Safety and Health Review Commission. Previously, Kaplan worked with the U.S. House of Representatives. The NLRB, which oversees union elections and disputes between employers, workers, […] more

  9. June 22, 2017

    Company Held Accountable for Supervisor’s Text Message Questioning Union Activity

    BY: Thomas Lenz, L. Brent Garrett

    On June 7, the National Labor Relations Board (“NLRB” or “Board”) ruled that a company committed an unfair labor practice by unlawfully interrogating and discharging an employee. Specifically, in RHCG Safety Corp. and Construction & General Building Laborers, Local 79, LIUNA, 356 NLRB No. 88, 2017 WL 2497155, the NLRB found National Labor Relations Act […] more

  10. July 5, 2016

    NLRB Orders Restoration of Employer’s Railcar Operations

    BY: Ronald Novotny

    One of the principal criticisms aimed at the National Labor Relations Board in recent years is its penchant for ordering businesses to restore facilities or operations which it has decided to relocate elsewhere.  In the recent case of Gunderson Rail Service, LLC decided June 23, 2016, the NLRB did just that, by ordering a Tucson, […] more


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