Tag Archives: National Labor Relations Act

Weigand v. N.L.R.B: A Double Standard for Social Media?

Photo of Meagan MartinPhoto of Pat MuldowneyBy Meagan Martin and Pat Muldowney on Posted in NLRB, Social Media
On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could not be held responsible for allegedly threatening entries posted on its private Facebook page by its members during a … Continue Reading

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

Photo of Pat MuldowneyBy Pat Muldowney on Posted in NLRB, Unions
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning such information.  Depending upon the outcome of a recently filed charge before the National Labor Relations Board (“NLRB” or the “Board”), unionized employers … Continue Reading

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

Photo of Scott McIntyreBy Scott McIntyre and Erika Spears on Posted in NLRB
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy Neighborhood Market and United Food and Commercial Workers International Union decision, 361 NLRB No. 8 (July … Continue Reading

Can Employees Really Arm Themselves with Recording Devices as They Go About Their Daily Work?

By Elliot Azoff on Posted in NLRB
The Progression of Cases Involving Handbook Rules Continues Unabated— Over the last months, we have traced the Board’s and Administrative Law Judges’ rulings on the legality of handbook rules and conduct in the workplace. We have learned that an employer will often have a better opportunity of winning in a casino than under the National … Continue Reading

Closing Shop: Courts Look to Rein in the NLRB

Photo of Pat MuldowneyBy Pat Muldowney on Posted in NLRB
Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization.  In areas such as social media, employee confidentiality as to company investigations, and waivers of class arbitrations, the Board has attempted to expand … Continue Reading
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