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nlrb
General Counsel Memo On Withdrawal of Recognition
General Counsel Memo 09-04 (Nov. 26, 2008), updates the standards with respect to withdrawals of recognition after Levitz. Under Levitz, a withdrawal of recognition is only lawful if the employer can demonstrate that the union in fact lost its majority...
Prepare Now For The Employee Free Choice Act
A column in the December 2008 issue of HR Magazine caught out attention recently. The article was entitled “Get Prepared for New Employee Free Choice Act.” As noted in other posts (here) the EFCA may become law after the new administration takes over in 2009. If this does take place, ...
Recent NLRB Decisions
NLRB: Rare "Gissel" Order, MOU Not A Bar To Decertification Petition is an interesting December 5, 2008 New York Law Journal article that discusses several recent NLRB decisions. In describing one such important case, the article states: In American Directional...
NLRB Clarifies Single Employer Status
Two nominally separate employers can be a single employer for NLRA purposes. The significance is that each separate company that is in reality a single employer are jointly and severally liable. Shane Steel Processing, 353 NLRB No. 58 (Nov. 28,...
NLRB reverses ALJ On Due Process Grounds
New York Post, 353 NLRB No. 30 (Sept. 30, 2008), is an interesting case as well as important case. The NLRB reversed an ALJ on Due Process grounds because the employer did not have adequate notice of the General Counsel's...