NLRB Strikes Blow Against Bans on Class Action Arbitrations

The National Labor Relations Board recently ruled in favor of both union and non-union private sector employees on a significant issue concerning workplace litigation.  At issue were mandatory arbitration agreements signed upon employment that force employees to bring claims one by one in front of an arbitrator and prohibit employees joining as a group to arbitrate their

Fourth Circuit Affirms Protected Concerted Activity Claim

The Fourth Circuit Court of Appeals recently decided NLRB v. White Oak Manor, a case involving an employee’s protected concerted activity, ruling in favor of the NLRB who sought to enforce an order in favor of the employee.  The employee, who was reprimanded for wearing a hat during work in violation of the company dress

Supreme Court Rules on 2-Member Labor Board and Workplace Privacy

Two labor and employment decisions were released by the U.S. Supreme Court this past week.  In the first, City of Ontario v. Quon, the Court unanimously held (with Scalia concurring separately) that the government employer’s search of employee text messages was reasonable under the Fourth Amendment.  Unlike private employers, public employers are constrained (somewhat) by

Fourth Circuit Upholds Labor Arbitration Decision and Two-Member NLRB Decision

The Fourth Circuit has recently published two labor law opinions, the first concerning whether an arbitrator exceeding his authority in resolving a grievance, and the second concerning whether to uphold a decision of the two-member National Labor Relations Board. In PPG Industries v. ICWUC/UCFW, the union had filed a grievance because the company had failed

Narendra Speaks at NCBA CLE on Labor Law and the Employee Free Choice Act

Narendra Ghosh spoke at the North Carolina Bar Association’s 2009 Fundamentals of Employment Law CLE, which was held in Greensboro.  He was part of a duo presenting an overview of the National Labor Relations Act and the possible changes to it from the long-pending Employee Free Choice Act.  Along with Tom Farr, he presented a

Mike Writes on the Protection for Workers Acting “In Concert”

Michael Okun has written an article, entitled In Concert: A Beginner’s Guide to Labor and Employment Law’s Old and Well-Kept Secret, for an issue of Trial Briefs, the publication of the North Carolina Advocates for Justice. The article discusses the NLRA’s protection for workers who act “in concert” regarding workplace issues. Summary: The right to