Cornell University

Labor and Employment Law Program

16 E. 34th Street, 4th Floor, 212-340-2866

National Labor Relations Board

May 15, 2013

National Labor Relations BoardThe 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

Click here to view all of the presenter's bios.             

Program Materials - Cases/Decisions