Activist NLRB Shockingly Overturns 76-Year-Old Precedent

Skip Sperry November 22, 2024Blog Leave a Comment

On November 13, 2024, the National Labor Relations Board (“NLRB”) issued a landmark decision prohibiting employers from holding mandatory meetings to discuss their views on unionization, commonly known as “captive audience meetings.” This ruling overturns a 76-year-old precedent established in the 1948 Babcock & Wilcox Co. case, which permitted such meetings under the National Labor Relations Act (“NLRA”).

Historically, employers have utilized captive audience meetings as a tool to communicate their perspectives on unionization to employees during work hours.

NLRB Weighs in on Stay-or-Pay Agreements

Skip Sperry October 15, 2024Blog Leave a Comment

In a recent move following the McLaren Macomb case, the National Labor Relations Board (“NLRB”) general counsel (“GC”) issued guidance on October 7, 2024, indicating that “stay-or-pay” clauses may violate labor laws.

Key Points

The GC’s memo warns employers that employment terms requiring employees to stay for a set time or repay certain expenses could be illegal.
The GC plans to seek broader remedies for overly broad noncompete and stay-or-pay agreements.

NLRB’s Landmark Decision Reshapes Employer Work Rules: Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113, 2023)

Skip Sperry August 17, 2023Blog Leave a Comment

In a pivotal move that again reshapes the landscape of employer-employee relations, the National Labor Relations Board (NLRB) recently issued a significant decision in the case of Stericycle, Inc. and Teamsters Local 628. This ruling (372 NLRB No. 113, 2023) ushers in a new era for evaluating employer work rules and policies, marking a departure from previous standards and a notable shift toward prioritizing employee rights. In Stericycle, the Board reviewed the decision of an administrative law judge who found that the Respondent violated Section 8(a)(1) by maintaining certain rules for its employees that addressed personal conduct,

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements

Skip Sperry May 22, 2018Blog Leave a Comment

Yesterday, May 21, 2018, the United States Supreme Court finally resolved a split among the federal circuit courts regarding whether the National Labor Relations Act (“NLRA”) prohibits businesses from requiring employees to sign arbitration agreements that waive their right to engage in a class action against their employer. Epic Systems Corp. v. Lewis (No. 16–285).

At issue were two federal laws that appear to conflict with one another.

Big Labor Attacks Idaho’s Right to Work Law

Skip Sperry August 31, 2016Blog 2 Comments

A big labor case filed in Idaho’s federal district court continues to progress. The case, entitled International Union of Operating Engineers Local 370 v. Wasden, Case No. 4:15-cv-00500, was filed on October 22, 2015. The complaint alleges that Idaho’s Right to Work (“RTW”) statute is unconstitutional based upon the 5th Amendment prohibition against takings of private property for public use without paying just compensation. The union’s theory is that because they have an obligation to bargain on behalf of ALL workers in a unit and Idaho’s RTW law allows workers to decide whether to join the representing union and pay dues,