National Labor Relations Board
May 15, 2013
The NLRB: Crisis or Business as Usual?
The NLRB issued several controversial rulings emphasizing the existing rights of non-union employees to engage in "protected concerted activity," making it more relevant to 90% of the private sector workforce.
In January, the DC Circuit ruled in Noel Canning Div. of Noel Corp. v. NLRB that President Obama lacked the Constitutional authority to appoint several Board members, bringing recent Board's decisions into question. However, the Supreme Court subsequently refused a request to stay an NLRB initiated injunction in the HealthBridge Mgmt, LLC to reinstate fired employees. Chairman Pearce says that the Board is operating "business as usual."
Join our speakers as they address the Canning decision and its effect on Board rulings, as well as what you need to know as you advise your clients about: Confidential Investigations—when and how can employers inform employees that a workplace investigation is confidential? Codes of Conduct & Employee Handbooks—what specific policy provisions are being found unlawful by the Board? Offer Letters & Employment Agreements—does integrated at-will language create risk for the employer under current Board thinking? E-mail Use Policies—is the Board moving toward a new rule authorizing employees to use employer e-mail systems for union solicitations? Arbitration Agreements—are your employer clients at risk of an unfair labor practice charge if the arbitration agreement includes a class action waiver?
Join our panel of experts in what promises to be a timely and lively presentation:
- Michael Curley, Partner, Curley, Hessinger & Johnsrud LLP
- Susan Davis, Partner, Cohen, Weiss and Simon LLP
- Karen P. Fernbach, Regional Director, Region 2, NLRB
- Peter Hurtgen, Of Counsel, Curley, Hessinger & Johnsrud LLP and former Chairman of the NLRB
- James G. Paulsen, Regional Director, Region 29, NLRB
Program Materials - Cases/Decisions
- Presentation - Fernbach-Paulsen The NLRB and the Non-Union Employer-Noel Canning
- Presentation - NLRB and NonUnion Employer March 2013 MTC perhaps
- 2 Sisters Food Group, Inc. and United Food and Commercial Workers International Union, Local 1167, 357 NLRB No. 168 (2011).
- Advice Memo SWH Corporation d/b/a Mimi's Café, 28-CA-084365 (October 31, 2012).
- Advice Memo Rocha Transportation, 32-CA-086799 (October 31, 2012).
- Ambassador Services, Inc. and International Longshoremen's Association, Locals 1922 and 1359, AFL-CIO and Eric Swanson, 358 NLRB No. 130 (2012).
- American Red Cross Arizona Blood Services Region and Lois Hampton, 28-CA-23443 (2012) (Meyerson, ALJ).
- Banner Health System d/b/a Banner Estrella Medical Center and James A. Navarro, 358 NLRB No. 93 (2012).
- Bloomingdale's, Inc. and Fatemeh Johnmohammadi, 359 NLRB No. 113 (2013).
- Costco Wholesale Corporation and United Food and Commercial Workers Union, Local 371, 358 NLRB No. 106 (2012).
- DirectTV U.S. DirecTV Holdings, LLC and International Association of Machinists and Aerospace Workers, District Lodge 947, AFL-CIO, 359 NLRB No. 54 (2013).
- D. R. Horton, Inc. and Michael Cuda, 357 NLRB No. 184 (2012).
- Echostar Technologies, LLC and Gina M. Leigh, 27-CA-066726 (2012) (Anderson, ALJ).
- Peter Evans, Detree Jordan v. Denis Stephens, 02-16424 (11th Cir. October 14, 2004).
- Flex Frac Logistics, LLC and Silver Eagle Logistics, LLC, and Kathy Lopez, 358 NLRB No. 127 (2012).
- Fordham Hill Owners Corporation and United Federation of Special Police and Security Officers, Inc., 02-RC-098661 (NLRB April 29, 2013).
- Joseph F. Frankl v. Hth Corporation, Koa Management, LLC, d/b/a Pacific Beach Hotel, Pacific Beach Corporation, 650 F.3d 1335 (9th Cir. 2011).
- Fresh & Easy Neighborhood Market, Inc. and United Food and Commercial Workers International Union, 356 NLRB No. 145 (2011).
- The Guard Publishing Company d/b/a The Register Guard and Eugene Newspaper Guild, CWA Local 37194, 351 NLRB No. 70 (2007).
- Hills and Dales General Hospital and Danielle Corlis, 7-CA-53556 (2011) (Carter, ALJ).
- Hitachi Capital America Corp. and Virginia Kish, 34-CA-13011 (2011) (Landow, ALJ).
- Hyatt Hotels Corp. d/b/a/ Hyatt, Park Hyatt, Andaz, Grand Hyatt, Hyatt Regency, Hyatt Place, Hyatt House, Hyatt Summerfield Suite, Hyatt Residence Club, Hyatt Vacation Club, Hyatt Gold Passport, and Hyatt Resorts and Unite Here International Union, 28-CA-061114 (NLRB 2011).
- Hyundai America Shipping Agency, Inc. and Sandra L. McCullough, 357 NLRB No. 80 (2011).
- Industrial Turnaround Corporation, Electrical/Mechanical Services, Inc., 115 F. 3d 248 (4th Cir. 1997).
- Karl Knauz Motors, Inc. d/b/a/ Knauz BMW and Robert Becker, 358 NLRB No. 164 (2011).
- Jonathan B. Kreisberg v. Healthbridge Management, LLC, 3:12-CV-1299 (RNC) (Conn. Cir. 2012).
- Lutheran Home at Moorestown and Communication Workers of America, AFL-CIO, 334 NLRB No. 47 (2001).
- Marriott International, Inc. d/b/a J.W. Marriott Los Angeles at L.A. Live and Unite Here! Local 11, 359 NLRB No. 8 (2012).
- National Archives and Records Administration v. Allan J. Favish, 541 U.S. ___ (2004).
- National Association of Manufacturers v. NLRB, 1:11-CV-01629 (DC Cir. 2013).
- New Vista Nursing and Rehabilitation, LLC and 1199 SEIU United Healthcare Workers East, NJ Region, 358 NLRB No. 55 (2012).
- New York New York, LLC d/b/a New York New York Hotel & Casino and Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226, and Bartenders Union, Local 165, affiliated with Hotel Employees and Restaurant Employees International Union, AFL-CIO, 356 NLRB No. 119 (2011).
- Noel Canning, a Division of the Noel Corporation v. NLRB, International Brotherhood of Teamsters Local 760, 12-1115 (194 LRRM 3089, 2013).
- Portola Packaging, Inc., Marta Magallon Corona, Jorge Gargia, United Food and Commercial Workers Union, Local 99, 28-CA-067274, 28-CA-067345, 28-CA-U070621, 28-RC-067973 (2012) (Meyerson, ALJ).
- The Roomstores of Phoenix, LLC d/b/a/ The Roomstore and Diane Passafiume and Bruce Kiraly, 357 NLRB No. 143 (2011).
- TT&W Farm Products, Inc., d/b/a Heartland Catfish Company, Inc., and Heartland Alabama, LLC and Toney Williams, 358 NLRB No. 125 (2012).
- United Nurses and Allied Professional (Kent Hospital) and Jeanette Geary, 359 NLRB No. 42 (2012).
- In re Jeanette Geary (DC Cir. 2013).
- United States v. Chemical Foundation, Inc., 272 U.S. 1 (1926).
- United States v. Janet Woodley, 751 F.2d 1008 (9th Cir. 1985).
- United States v. Dominic Allocco, 305 F.2d 704 (2nd Cir. 1962).