When the Obama NLRB modernized the Board’s election rules and eliminated some unnecessary delays, employers characterized the result as “ambush elections,” and insisted they would no longer have enough time to wage their anti-union campaigns. Even though the ... More »
While I agree with Ben that Dallas Cowboys owner Jerry Jones violated the National Labor Relations Act when he threatened to bench players who refuse to stand for the national anthem, if the facts were slightly different the players would face a much starker c... More »
The day after the Epic Systems oral argument, the National Labor Relations Board’s General Counsel, Richard Griffin, sent an unusual letter to the Court. He disavowed his own answers to a line of questions by Chief Justice Roberts, and instead, he said that t... More »
The employers in the consolidated cases of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc. hired Paul Clement, one of the most formidable Supreme Court advocates, to present their oral argument, but even he couldn... More »
A couple of weeks ago, a House Education and the Workforce Subcommittee held a hearing on another bill to dismantle basic workplace protections. The bill, H.R. 3441, dishonestly labeled the “Save Local Business Act,” could more properly be titled, the “Shield... More »
Among the scariest images of Hurricane Irma were two collapsed cranes at construction sites in Miami. If you’re wondering why Miami doesn’t have stricter laws regulating construction cranes, the answer is that when Miami enacted a law requiring cranes to with... More »
Many Court watchers think it is a foregone conclusion that the Supreme Court will grant the cert petition in Janus v. AFSCME, and then overturn the forty-year old decision in Abood v. Detroit Board of Education. While I’m not willing to bet against that, it’s ... More »
When the statements of a United States Senator lead to the conclusion that he is either ignorant or acting in bad faith, I think the more charitable approach is to assume that the Senator is simply uninformed. And, after watching Senator Lamar Alexander, the ... More »
Two recent circuit court decisions highlight how much the composition of the Board and the courts affects rights protected by the National Labor Relations Act. One case, MikLin Enterprises v. NLRB, addressed whether workers at a Jimmy John’s franchise had los... More »
The Republicans have rightly been criticized for refusing to hold hearings on their bill to repeal the Affordable Care Act, but even when they do hold Congressional hearings, the only benefit to the public is to reveal how little they seem to care about fact-f... More »
According to the sworn testimony of former FBI Director James Comey, President Trump pulled him into a private meeting in the oval office and said, about the FBI’s ongoing investigation of former national security advisor Michael Flynn, “I hope you can let thi... More »
I recently proposed a Workers’ Bill of Rights, and invited others to respond with suggestions for other rights that should be included. I did receive some helpful comments, and in response I would propose adding three additional rights to the ones I had previ... More »