Advances on Protecting Whistle-blowing and Social Networking of Employees

Two recent positive developments to report.  First, breaking new ground, the National Labor Relations Board (NLRB) has charged a company with illegally firing an employee after she criticized her supervisor on her Facebook page.  The NLRB’s press release is here.  Coverage here. Under Section 7 of the National Labor Relations Act, all employees — even

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

President Appoints Two New Members to NLRB

Yesterday, President Obama announced that he was bypassing the Senate and installing 15 appointees, including Craig Becker and Mark Pearce to the National Labor Relations Board.  As the NLRB has been working with only two of its five members, the installation of Becker and Pearce is certainly welcome news.  President Obama had nominated these highly

Recent Fourth Circuit Labor and Employment Decisions

The Fourth Circuit has published opinions in three labor and employment cases in recent weeks.  The first case, Sepulveda v. Allen Family Foods, Inc., concerned a Fair Labor Standards Act (FLSA) collective action that was brought on behalf of a class of current and former employees of a chicken processing plant.  The employees claimed, among

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

Mike Organizes Annual Labor Laywer Meeting with NLRB in Winston-Salem

As part of the Committee on Practice and Procedure under the NLRA (Southern Region (Region VIII) of the ABA’s Labor and Employment Section), Mike Okun helped organize the annual discussion between the labor bar and the NLRB Region 11’s Director, attorneys, and staff.   At today’s meeting at the NLRB office in Winston-Salem, we had the