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National Labor Relations Board
The NLRB Busts Hospital for Discouraging Negativity
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
April 21, 2014
Trying to keep the attitude in your workplace positive? Watch out, the National Labor Relations Board might object. The board released a decision earlier this month objecting to elements of the Values and Standards of Behavior Policy at Hills and Dales General Hospital in Cass City, Mich.—a policy seemingly designed to eliminate attitude problems at work and reinvigorate workplace culture. The parts of the policy rejected by the board forbid negative comments from employees as well as unprofessional...
NLRB Files Petition for Rehearing in D.R. Horton (Class Arbitration) Case
March 24, 2014
“The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear...
March 24, 2014
“The National Labor Relations Board March 13 filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear...
NLRB May Force Employers to Defend Themselves Twice
March 13, 2014
Defending unfair practice claims could get harder. According to a post by associate Samantha M. Kagan on Reed Smith’s...
March 13, 2014
Defending unfair practice claims could get harder. According to a post by associate Samantha M. Kagan on Reed Smith’s...
Fifth Circuit Upholds NLRB’s Decision Regarding Alleged Labor Negotiations Impasse
March 6, 2014
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad...
March 6, 2014
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad...
Labor & Employment Year in Review 2013: Arbitration
December 31, 2013
As 2013 draws to a close, it’s an ideal time to reflect on what has come to pass in the in-house legal world this year, and look forward to what’s coming up in the next. When asked what they are thinking about on the occasion of the new year, labor and employment attorneys told CorpCounsel.com that there is plenty on their minds, from wage and hour cases, to an emboldened National Labor Relations Board, to the Americans with Disabilities Act. However one of the most commonly cited topics of all was arbitration...
December 31, 2013
As 2013 draws to a close, it’s an ideal time to reflect on what has come to pass in the in-house legal world this year, and look forward to what’s coming up in the next. When asked what they are thinking about on the occasion of the new year, labor and employment attorneys told CorpCounsel.com that there is plenty on their minds, from wage and hour cases, to an emboldened National Labor Relations Board, to the Americans with Disabilities Act. However one of the most commonly cited topics of all was arbitration...
Fifth Circuit Invalidates NLRB Order Prohibiting Clauses In Covered Employment Agreement Waiving Class/Collective Claims and Requiring Individual Arbitration
December 4, 2013
In the controversial case of D.R. Horton v. National Labor Relations Board (No. 12-60031, Dec. 3, 2013), the US Court of Appeals for the Fifth Circuit today vacated, in a 2-1 decision, orders of the National Labor Relations Board (NLRB) invalidating an employee arbitration agreement that waived class and collective procedures and compelled individual arbitration. This case, along with sister cases in other Circuits, is likely to come before the US Supreme Court in due course. In the meantime,...
December 4, 2013
In the controversial case of D.R. Horton v. National Labor Relations Board (No. 12-60031, Dec. 3, 2013), the US Court of Appeals for the Fifth Circuit today vacated, in a 2-1 decision, orders of the National Labor Relations Board (NLRB) invalidating an employee arbitration agreement that waived class and collective procedures and compelled individual arbitration. This case, along with sister cases in other Circuits, is likely to come before the US Supreme Court in due course. In the meantime,...
Class Action Waivers in Arbitration Agreements Validated in NLRB Loss in the Fifth Circuit
December 4, 2013
A decision handed down by the U.S. Court of Appeals for the Fifth Circuit in New Orleans Tuesday upheld the use of class or collective action waivers in arbitration agreements. The decision in D.R. Horton Inc. v. National Labor Relations Board, argued before the court back in February, overturned the NLRB’s previous decision, which held that the massive Texas-based residential building company was violating the National Labor Relations Act when it required employees to sign a waiver that prevents...
December 4, 2013
A decision handed down by the U.S. Court of Appeals for the Fifth Circuit in New Orleans Tuesday upheld the use of class or collective action waivers in arbitration agreements. The decision in D.R. Horton Inc. v. National Labor Relations Board, argued before the court back in February, overturned the NLRB’s previous decision, which held that the massive Texas-based residential building company was violating the National Labor Relations Act when it required employees to sign a waiver that prevents...
National Labor Relations Board Increases Its Focus on Issues Impacting Nonunionized Employers (Arbitration)
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
November 14, 2013
II. The Board Attacks Arbitration Policies and Agreements in Two Key Ways. The Board, and its General Counsel, in recent...
NLRB Defers to Arbitral Decision in Healthcare Employment Dispute
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
June 10, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require the General Counsel to prove that it does not. ...
Concerted Action Includes Concerted Dispute Resolution
May 3, 2013
Professors Charles A. Sullivan and Timothy P. Glynn of the Seton Hall University School of Law have written a timely...
May 3, 2013
Professors Charles A. Sullivan and Timothy P. Glynn of the Seton Hall University School of Law have written a timely...
