NLRB Finds Ally in Seventh Circuit Regarding Class and Collective Action Waivers in Arbitration Agreements

NLRB Finds Ally in Seventh Circuit Regarding Class and Collective Action Waivers in Arbitration Agreements

On May 26, 2016, the Seventh Circuit issued its decision in Lewis v. Epic Systems Corporation, Case No. 15-2997, holding that an arbitration agreement providing “that covered claims will be arbitrated only on an individual basis” and that employees “waive the right to participate in or receive money or any other relief from any class, collective, or representative proceeding” impinges on employees’ Section 7 rights.

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Don’t Worry, Be (Un)Happy: Does U.S. Labor Law Protect a Worker’s Right to a Bad Attitude?

Don’t Worry, Be (Un)Happy: Does U.S. Labor Law Protect a Worker’s Right to a Bad Attitude?

A few months ago, we noted that a Yelp employee’s online “negative review” of her employer might be protected activity under the National Labor Relations Act (NLRA), given that the National Relations Labor Board (NLRB) has become increasingly aggressive in protecting an employee’s right to discuss working conditions in a public forum, even when that discussion involves obscenities or disparaging the employer. This trend has prompted us to report previously on the death of courtesy and civility under the NLRA.

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NLRB Requires Employer to Bargain with Union Over Unilateral Use of Temp Agency Employees and E-Verify

By | Immigration Blog | May 20, 2016
NLRB Requires Employer to Bargain with Union Over Unilateral Use of Temp Agency Employees and E-Verify

An Administrative Law Judge of the National Labor Relations Board recently ruled that a meat processing company had violated provisions of the National Labor Relations Act when it utilized a temporary employment agency to fill vacant bargaining unit positions, and enrolled in the E-Verify program without first adequately notifying or bargaining with the local union.

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D.C. Circuit Strikes Down NLRB Duty to Bargain Requirement

In an unpublished decision, which issued on May 3, 2016, the United States Court of Appeals for the District of Columbia made it clear that there was a “fundamental and long-running disagreement” between the Court and the Board as to the appropriate approach by which to determine whether an employer had violated Section 8(a)(5) of the NLRA when it refuses to bargain with a union over a subject allegedly contained in a collective bargaining agreement.

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NLRB General Counsel Proposes Severely Limiting Employers’ Right to Lawfully Withdraw Recognition from Unions

NLRB General Counsel Proposes Severely Limiting Employers’ Right to Lawfully Withdraw Recognition from Unions

National Labor Relation Board General Counsel Richard F. Griffin has issued a Memorandum to NLRB Regional Directors, Officers-in-Charge, and Resident Officers proposing a dramatic change in Board law on whether, and under what circumstances, an employer may unilaterally withdraw recognition from a union representing its employees.

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