A while back, the NLRB proposed that all employers would need to put up posters detailing employee rights to form a union. If employers did not, then the employers could be subjected to an unfair labor practice charge — a serious charge.
Implementation of that rule was delayed pending court challenges.
This morning, the
As I indicated a few weeks ago, one of the goals of this blog this year is to stop chasing headlines. The latest story about the NLRB demonstrates why.
Late last month, the D.C. Circuit Court of Appeals (which, as you might imagine, only covers Washington D.C.) ruled that recess appointments to the NLRB were invalid, calling into question dozens of decisions by the NLRB. The case, Canning v. NLRB, is not a light read; it’s nearly 50 pages long.
(As an aside, this recess decision should not be confused with the Connecticut General Assembly’s attempt to have labor law taught in the schools, presumably after recess.)
Unfortunately, the first instinct of some employment law blogs was to treat this decision as some type of watershed moment in history without providing the context for private employers — particularly those without unions.
A notable exception was a thoughtful post by the Employer Law Report which was quick to note that “since the various appeals courts are not bound to adopt each other’s opinions, the impact will depend on where the NLRB’s decisions are being challenged and how those courts rule.”
For employers in Connecticut — which falls within the Second Circuit Court of Appeals, and not the D.C. Circuit — that means that the decision is notable, but not yet binding.
Continue Reading Should Private Employers Still Worry About Unions and What Happens at the NLRB?
The headlines this week have already written the obituaries for unions, at least in Michigan, where the state passed a new “right to work” law.
But here in Connecticut, unions may be weakened, but, when bolstered by the NLRB, they can still put a fight. A new federal court case in Connecticut this week
Remember earlier this year when the NLRB was hinting that certain at-will disclaimers (you know, the type of language in offer letters that says that the employee is at-will and can be fired for any reason or no reason at all) might be illegal under a new reading of applicable labor law?
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Finally, today is Election Day.
And while the pundits tonight will all look forward to what the next four years might bring, it’s worth taking a quick peek back at Obama’s (first?) four years with a review of some of the posts from 2008-9.
Before his term, there were predictions that he would be good
Everyone ok out there?
What a wild couple of days we’ve had in Connecticut and, for those still without power, it’s not over yet. Much like Irene and the October snowstorm before it, Sandy has left her mark.
But it’s time to get back to business
At yesterday’s labor & employment law seminar, we had both Heidi Lane, a Prinicipal Attorney with the Connecticut Department of Labor, and Jonathan Kreisberg, Regional Director of the NLRB’s Hartford Office, speak to attendees about the latest developments under both Connecticut and federal law.
But for those who couldn’t make it, here
I’ll admit something that might seem a little unusual and ironic: I’ve grown a bit tired about writing about the NLRB and social media.
Perhaps, it’s because I’ve seen too many law firms and lawyers issuing newsletters, blog posts, and alerts each time the NLRB says something, anything, about social media.
Two stories over the last few weeks have been percolating that may be of interest to employers in Connecticut. You may not see the impact immediately, but the implications are certainly there.
First, the EEOC is now looking to conduct more direct investigations — that is, investigations that are initiated without any claim by an
Last week the Connecticut Bar Association’s Labor & Employment Law Committee held an informational breakfast with the NLRB to discuss the NLRB’s proposal to make Hartford (Region 34), a subregion of the Boston office (Region 1).
Nick Zaino, the CBA Committee chair, forwarded these highlights as to why the consolidation is very likely going to