The Big Impact from Nixed Recess Appointments: Supreme Court’s Rejection of President Obama’s NLRB Picks Could Upset Hundreds of Decisions.

The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional.

NLRB: Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act

By | Employment Matters Blog | August 19, 2014
NLRB: Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act

Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could mean increased Board scrutiny of internal investigations into employees’ complaints of harassment.

NLRB Divides Sharply On Employee Concerted Activity for “Mutual Aid or Protection”

By | Labor Relations Update | August 18, 2014

In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the action is not only concerted but also presumptively for the purpose of mutual aid or protection, and thereby also covered by the National Labor Relations Act (“Act”).