Tag Archives: National Labor Relations Board

The NLRB Slams a Non-Union Financial Services Employer Over Its Commonplace Employee Manual Rules

Jonathan L. ShapiroLauri F. RasnickIn a recent decision, a National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) ruled that Quicken Loans’s (the “Company”) Detroit, Michigan branch (along with five related entities) violated the National Labor Relations Act (“NLRA”) by using and disseminating an employee manual in its non-union workplace that the ALJ concluded interfered with employees’ rights under the NLRA.  This was yet another case in which the NLRB took aim against Quicken Loans for adopting work rules and/or policies that an ALJ found would “chill” non-unionized employees in the exercise of their rights under the NLRA.  As we previously discussed in another blog post, in March 2016, the NLRB found that the Company’s branch in Scottsdale, Arizona violated the NLRA by implementing unlawful work rules after one of its bankers used profanity and complained about a client in an office restroom.

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NLRB Finds a Non-Union Employee’s Foul-Mouthed Complaining About Clients Protected Activity and Slams Employer’s Separation Agreement

NLRB Finds a Non-Union Employee’s Foul-MouthedA recent National Labor Relations Board (“NLRB”) decision by an Administrative Law Judge (“ALJ”) found numerous violations of the National Labor Relations Act (the “Act”) stemming from the reaction of a mortgage brokerage firm to a conversation in which one of its bankers used profanity and complained about a client in an office restroom.  While this decision may seem extreme to some, it is also an example of the expansive view that the NLRB is taking in deciding what types of employee communication and activities, particularly with respect to non-unionized workforces, will be found to be protected by the Act as “concerted activity” relating to employees’ terms and conditions of employment.

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NLRB Advises On Calculation of Deadlines and Filing Dates Post-Shutdown

The NLRB has issued an announcement, explaining  how it will recalculate deadlines for filings and submissions in light of the federal government’s 16 day shutdown earlier this month. As we reported at the time of the shutdown the NLRB sua sponte granted parties a one day extension for each day that the Board was closed.

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The NLRB Will Reopen Today, October 17, 2013

By: Steven M. Swirsky

The NLRB has advised its employees in a message posted on the Employee Information section of its website that the Agency has initiated a process to resume full operations. As such, all employees should make every effort to return to work on Thursday, October 17, 2013. This reflects the fact that, as the Board has informed its employees who may not have been following developments in Washington too closely, that “late last night President Obama signed legislation to extend the nation’s debt limit and end the partial shutdown of the federal government.”

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Impact of Government Shutdown on NLRB, Part II: Some Proceedings Delayed Indefinitely, Extensions to Serve and File Documents Granted, New Charges Must Be Filed Within Six Months

by:  Steven M. Swirsky, Adam C. Abrahms, and D. Martin Stanberry

On Monday October 1, 2013, the Board published a Notice in the Federal Register  to the NLRB’s website that supplements the effects of the Contingency Plan that we examined at outset of the government shutdown and NLRB furlough. Significantly, the Notice answers some of the important practical questions confronting employers, unions and employees with business before the Board.

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Washington Federal Court ruling threatens validity of National Labor Relations Board actions

On August 13, 2013, the federal trial court for the Western District of Washington issued a ruling with a potentially major impact on employers defending against complaints brought by the National Labor Relations Board. In Hooks v. Kitsap Tenant Support Services, Inc., the court dismissed an unfair labor practice complaint and petition for injunctive relief […]

For more information please visit www.omwemploymentandlaborlaw.com or click on the headline above.

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President Obama’s NLRB Acting General Counsel Appointment Invalid – Court Rules Agency Without Power to Issue Unfair Labor Practice Complaint

By Adam C. Abrahms, Steven M. Swirsky, and D. Martin Stanberry

On Tuesday, August 20th, in an opinion that follows in the wake of Noel Canning, United States District Judge Benjamin H. Settle dismissed an injunction petition filed by Ronald Hooks, a Regional Director  of the National Labor Relations Board, on the grounds that he was “without power” to issue the underlying unfair labor practice complaint.

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Bad Faith Bargaining or Just Bad Bargaining: President Obama Names Unconstitutionally Appointed Griffen as NLRB GC

On August 1st President Obama made a bold statement by appointing Richard Griffen to serve as the NLRB’s General Counsel only three days after the former union lawyer vacated his unconstitutional recess appointment as a NLRB Board Member.  The President statement by appointment made at least two things clear –

  1. The President wants an aggressive pro-labor General Counsel and NLRB, and
  2. The President values advancing the labor agenda over cooperation with the US Senate.
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Senate Confirms a "Full" 5 Member NLRB That Includes 3 Union Lawyers – Are You Ready?

A post on our colleagues’ Management Memo blog will be of interest to hospitality employers: “The Senate Has Confirmed a ‘Full’ 5 Member NLRB That Includes 3 Union Lawyers – Are You Ready?” by Adam C. Abrahms and Steven M. Swirsky of Epstein Becker Green.

Following is an excerpt:

On July 30th the Senate confirmed career union lawyer Kent Hirozawa (D) and retired AFL-CIO Associate General Counsel Nancy Schiffer (D) as well as seasoned management labor lawyers Philip Miscimarra (R) and Harry Johnson (R) to serve on the National Labor Relations Board. The Senate also confirmed current NLRB Chairman Mark Gaston Pearce (D).

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The Senate Has Confirmed A "Full" 5 Member NLRB That Includes 3 Union Lawyers – Are You Ready?

by: Adam C. Abrahms and Steven M. Swirsky

On July 30th the Senate confirmed career union lawyer Kent Hirozawa (D) and retired AFL-CIO Associate General Counsel Nancy Schiffer (D) as well as seasoned management labor lawyers Philip Miscimarra (R) and Harry Johnson (R) to serve on the National Labor Relations Board. The Senate also confirmed current NLRB Chairman Mark Gaston Pearce (D).

The confirmations are of course the result of the Senate Republicans backing down in the face of the threat by Senate Democrats to change Senate rules so that they could force a vote, up or down, on President Obama’s nominations for the Board and other positions. The “deal”, inspired by the threat, included the withdrawal of President Obama’s nomination of his recess appointees, Sharon Block and Richard Griffin , whose appointments were held unconstitutional recess. The President, however, merely replaced Block and Griffin with Hirozawa and Miscimarra, and only after consultation with and approval from AFL-CIO President Richard Trumka and Organized Labor.

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