NLRB Restores Uniform Standard For Workplace Misconduct

The National Labor Relations Board has ruled that its 2020 General Motors standard governs cases involving discipline for abusive conduct during protected activity, such as yelling offensive epithets at a supervisor while protesting working conditions. The Board also indicated that it could reconsider General Motors in a future case. Under General Motors, the NLRB General Counsel first must show that protected...

Senate Confirms Two NLRB Nominees, Giving Republicans A Three-Member Board Majority

The Senate has confirmed President Trump’s nomination of Republican James Macy and renomination of Democrat David Prouty to serve as Members of the National Labor Relations Board. The Senate confirmed the nominees on August 7 by a party-line vote of 51 to 47. The confirmations mark the start of a more consequential phase for the NLRB, which likely will reconsider some controversial...

NLRB ALJ Finds Employee’s DEI Criticism Protected By Labor Law

An NLRB Administrative Law Judge recently concluded that an employer violated the National Labor Relations Act by firing an employee who publicly criticized the company's DEI initiatives and alleged anti-male discrimination on LinkedIn. The ALJ found that the employee's communications were protected concerted activity because they concerned workplace issues and sought to encourage action by other employees. Before disciplining employees for...

House Passes Faster Labor Contracts Act

The House has passed legislation that would authorize third-party panels to set initial contract terms when negotiations fail between an employer and a new union. The Faster Labor Contracts Act (H.R. 5408), approved June 9 by all House Democrats and 20 House Republicans, would allow an arbitration panel to impose a two-year first contract on an employer and newly recognized...

House Set To Consider Major Change To Law Governing First Union Contracts

The proposed Faster Labor Contracts Act would amend the National Labor Relations Act to force interest arbitration in a first-time collective bargaining if the parties fail to produce an agreement within a set timeframe. A majority of House members have signed a “discharge petition” to force floor consideration of the legislation (H.R. 5408 / S. 844), which would allow government-appointed arbitrators to...

Fifth Circuit Pushes Back On NLRB Overreach In Profanity-Related Discharge Case

The Fifth Circuit vacated an order from the Biden-era National Labor Relations Board finding that Starbucks unlawfully discharged a union-supporting employee who repeatedly used extreme profanity toward his coworkers and supervisors. The Fifth Circuit concluded that the Board failed to consider evidence that Starbucks had legitimate, non-discriminatory reasons for firing the employee. Although the Fifth Circuit sent the case back to the...

Appeals Court Rejects NLRB’s Finding That Disparaging Public Testimony Was Protected

A federal appeals court panel has concluded that the National Labor Relations Board misapplied precedent by treating an employee’s disparaging remarks as protected even though the employee did not identify a connection to a labor dispute. Section 7 of the National Labor Relations Act did not protect the speech because the testimony lacked that disclosure, the U.S. Court of Appeals for...

President Trump Sends Bipartisan NLRB Nominees To Senate As August Quorum Deadline Looms

On April 13, President Trump nominated Republican James Macy and Democrat David Prouty to serve on the National Labor Relations Board. Unless the Senate confirms them before August 27, the Board will lose its quorum when Prouty’s current term expires. By nominating one Democrat and one Republican, the Administration may increase the chances of a bipartisan Senate deal to expedite confirmation. Prouty...

President Trump Designates James Murphy As Chairman Of The National Labor Relations Board

President Trump has designated NLRB Member James Murphy to serve as the agency’s Chairman. Murphy was sworn in as a member in January. Before that, he spent decades at the agency as a lawyer, including as counsel to multiple Board Members. The Board currently has three Members: Murphy and Scott Mayer (Republicans) and David Prouty (a Democrat). Two seats remain vacant. The...

Court Reminds Employers That Seniority Systems Don’t Automatically Bar Religious Accommodations

A collectively bargained seniority system does not automatically prevent an employer from granting a Title VII religious accommodation request, especially where the agreement or past scheduling practices allow flexibility, a recent federal court decision reminded employers and unions. In De Souza v. New York, the court declined to dismiss an employee’s religious accommodation claims against a public-sector employer and union arising...