Labor & Employment

Labor Management Relations

Management & Labor Report Blog

https://laborlaw.foxrothschild.com/

Management & Labor Report is a blog that focuses on trends and developments in labor law. The primary focus is cases before the National Labor Relations Board (NLRB) and the federal courts that have the potential for setting new precedents or modifying existing precedent. Authored by attorneys in Fox Rothschild’s Labor Management Relations practice group, the blog provides insights and analysis of decisions that could potentially have an impact beyond the parties involved. Topics covered include collective bargaining, the relationship and interactions between an employer and union, union elections and other workplace conduct as it applies to both union and non-union settings.

Recent Blog Posts

  • Workplace Civility Rules Aren’t Dead — Just on a Life Line The National Labor Relations Board (“NLRB” or “Board”) has taken a jaundiced view of employer policies that require respect and civility in the workplace over the past several years. The Board has found such rules generally interfere with employees Section 7 rights and thereby violate Section 8(a)(1) of the National Labor Relations Act (“the Act”). Fortunately, the Fifth Circuit Court of Appeals (“the Court”) takes a more holistic view of civility rules. In T-Mobile USA, Incorporated v NLRB, No. 16-60284... More
  • NLRB Unlikely To Overrule Any Controversial Obama-Era Decisions Until 2018 I hate to sound unduly pessimistic, but any hopes you had of relief from unduly labor-friendly National Labor Relations Board (“the Board”) precedent this year will likely not happen because President Trump will likely not have a business-friendly majority on the five member Board until sometime early next year and a General Counsel willing to bring appropriate cases to overrule more controversial Obama Board precedent. After months of inaction, the President nominated Marvin Kaplan and William Emmanuel to fill the two... More
  • The D.C. Circuit Issues an Ultimately Uneventful Decision on Joint Employer The issue of joint employer has been frequently discussed in the labor & employment law circles, and even the media, since the National Labor Relations Board (“NLRB” or “the Board”) issued its 2015 decision in Browning-Ferris Industries, 362 NLRB No. 186 (2015). The issue has had so much attention that a bill, H.R. 3441, has been introduced in the Republican dominated Congress to overturn the decision before the appellate courts rule on the legality of the NLRB’s reinterpretation of the... More
  • Employee Committee or Unlawful “Company Union?” Employers might think it wise to seek input from employees about working conditions, but they must tread carefully to make sure that they do not violate the National Labor Relations Act’s (“NLRA” or “the Act”) prohibition on “company unions.” An Administrative Law Judge (“ALJ”) of the National Labor Relations Board (“NLRB” or “the Board”) found in T-Mobile USA, Inc., 14-CA-170229 (April 3, 2017) that the company violated the NLRA by setting up an “employer dominated organization” at its call centers. In... More
  • Should Employers Condone Racist Comments? According to the NLRB, and the Eighth Circuit, It Depends. Racist comments, similar to other forms of employee misconduct (e.g., workplace violence or theft), usually result in termination. Anyone with an ounce of common sense knows this. The National Labor Relations Board, however, upheld an Administrative Law Judge’s prior decision declining to follow an arbitrator’s ruling and ordered Cooper Tire & Rubber Co. reinstate an employee, with back pay, after he was terminated for making racist statements on a picket line. This untenable Board decision was previously blogged about here.... More
  • The DC Circuit Is Not Persuaded: The NLRB’s Revised Back Pay Formula Survives (For Now) You know the old saying, ‘if it ain’t broke, don’t fix it,’ right? Well, the National Labor Relations Board (NLRB) has never really liked this idea, especially during the Obama administration. On June 9, 2017, the D.C. Circuit upheld the NLRB’s August 24, 2016 decision in King Soopers, Inc., where it revised its longstanding back pay formula concerning search-for-work and interim employment expenses of terminated employees. Under the traditional approach, a complainant could not recover search-for-work costs that exceeded his or... More