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HTMLD.R. Horton and the Doctrine of Non-Acquiescence
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
December 9, 2013, previously published on December 3, 2013
Today’s decision by the U.S. Court of Appeals for the Fifth Circuit in D.R. Horton, Incorporated v. National Labor Relations Board, is a victory for employers who seek to channel work related disputes (other than NLRB charges) into an arbitration system which does not permit class action...

 

HTMLGriffin Confirmed as NLRB General Counsel
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
October 31, 2013, previously published on October 29, 2013
The United States Senate has confirmed Richard Griffin to be General Counsel of the National Labor Relations Board, giving the Board its first confirmed General Counsel in over three years, probably the longest time that the Board has gone without a confirmed General Counsel in its seventy-eight...

 

HTMLNLRB Closed Per Request?
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
October 4, 2013, previously published on October 2, 2013
Give the government long enough, and eventually it responds to the will of the people. In 2007 pickets demanded that the National Labor Relations Board be closed. You can see the picture here. Now, a few years later, these pickets have at least part of their wish. Along with most of the rest of the...

 

HTMLNLRB Advice Memo Pulls Together Principles Applied in Evaluating Employer Work Rules and Social Media Policies
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
July 29, 2013, previously published on July 24, 2013
A 2012 Advice Memo from the National Labor Relations Board’s (“NLRB”) General Counsel was recently publicly released in response to a Freedom of Information Act request. While the Advice Memo applies the long-standing framework used by the NLRB to evaluate the lawfulness of...

 

HTMLWhat Happens Now?
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
July 24, 2013, previously published on July 17, 2013
How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the federal courts of appeals and at various stages before the Board? Below...

 

HTMLNo Surprises in Senate Committee Hearing on NLRB Nominees, Part II
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
July 24, 2013, previously published on July 23, 2013
As in the previous hearing on NLRB nominees, today’s hearing on two new nominees - Nancy Schiffer and Kent Hirozawa - went off about as expected. There were questions about the role of the Board, the importance of unbiased Board members, the place rulemaking might play in expressing Board...

 

HTMLGeneral Counsel’s Division of Advice Issues Helpful Guidance on Confidentiality Rules in Workplace Investigations
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
April 25, 2013, previously published on April 23, 2013
As we reported, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during workplace investigations. The Board found that such a policy chilled the...

 

HTMLThe End of an Error
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
February 14, 2013, previously published on February 13, 2013
Unnoticed and with no fanfare, the Board brought the two member era to a close with its adoption of the last of the two member Board decisions, The Fremont-Rideout Health Group, 359 NLRB No. 51 (January 15, 2013). The Board adopted the previous decision in the same case, reported at 354 NLRB 453,...

 

HTMLNLRB Decision Complicates Investigations in the Workplace
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
August 7, 2012, previously published on August 3, 2012
Employers routinely conduct investigations of workplace misconduct or other incidents. When doing so, many will direct employee witnesses or complainants not to discuss the investigation with other employees. There are a number of legitimate reasons for this, all aimed at protecting the integrity...

 

HTMLCourt Upholds Non-Employee Property Access Rights
Ronald E. Meisburg; Proskauer Rose LLP;
Legal Alert/Article
April 18, 2012, previously published on April 17, 2012
In a decision affirming the National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that employees of a contractor working for a contract restaurant operator located in another employer’s hotel/casino, have a right to pass out handbills inside...

 


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