As reported on the Hunton Employment & Labor Perspectives blog, the NLRB’s Office of the General Counsel (“the General Counsel”) recently issued an internal directive regarding the manner in which NLRB Regions prosecute duty of fair representation charges against unions. Under the National Labor Relations Act, unions have a duty of fair representation to the members of the bargaining unit it represents by engaging in conduct that is not arbitrary, discriminatory or in bad faith, particularly with regard to the processing of worker grievances.
Continue Reading NLRB General Counsel Elevates Standard for Unions’ Duty of Fair Representation

Many in the labor community are familiar with the Machinists Union’s long running effort to unionize Boeing’s South Carolina-based 787 Dreamliner manufacturing facility. After failing in two previous attempts to organize the entire facility, the Union recently won a bid to organize a “micro-unit” limited to a group of flight line technicians and inspectors.
Continue Reading Business Groups Support Boeing’s Appeal in Controversial NLRB Bargaining Unit Case

Over the past eight years, the NLRB has been unusually aggressive with its policymaking. Listen to Hunton’s Labor and Employment partners discuss the current state of labor law, the NLRB and how it might change under the current administration. This blog entry contains a link to the video.
Continue Reading The NLRB: Where Have We Been and Where Are We Headed?

A recent decision by an administrative law judge concerning the policies in the employee handbook of a nonunion real estate management company, takes an expansive view of what constitutes “concerted activity” under the NLRA and which employer policies could be interpreted to obstruct employees’ right to engage in concerted activity.
Continue Reading ALJ Says Company’s Neutral Reference and Press Inquiry Policies Violate NLRA

On March 6, 2017, an administrative law judge found that a nonunion automotive manufacturing facility in Alabama violated Section 8(a)(1) of the National Labor Relations Act when it terminated three employees who walked off the job over a holiday-season scheduling dispute.
Continue Reading Another Step in the NLRB’s Mission to Expand Definition of “Concerted Activity” under the NLRA

The United States Supreme Court has granted consolidated review of three cases to determine whether arbitration agreements that waive employees’ rights to participate in a class action lawsuit against their employer are unlawful.
Continue Reading Supreme Court to Rule on Legality of Class Action Waivers in Employer Arbitration Agreements