Tag Archives: NLRB

Federal Government Does About-Face on Enforcement of Arbitration Agreements in Employment Contracts

One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While this has garnered some attention in connection with the Trump administration’s position on arbitration provisions in nursing home agreements, the administration has quietly shifted … Continue reading this entry

Four Hot Labor and Employment Issues in Automotive for 2017 - Part 1

OSHA Turns Its Sights on Auto Suppliers
It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and employment in the automotive industry and, more importantly, what issues should employers continue to be mindful of in … Continue reading this entry

Employer Handbook Policies Violate the National Labor Relations Act

As recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ) decision highlights how some common employer’s handbook policies can be found to be unlawful. Here are just a few of the policies the ALJ considered … Continue reading this entry

Three Key Labor and Employment Issues Facing Automotive Suppliers in 2015

While employees are an integral part of the manufacturing process, employment related issues will continue to face automotive suppliers in 2015 including: The NLRB coming to non-union facilities; Dealing with accommodations under the ADA; and Protected confidential and proprietary information.   With many of its recent decisions and actions, the NLRB has made protecting employees’ Section … Continue reading this entry

Top Legal Issues Facing Suppliers in 2015

Foley’s Automotive Industry Team has prepared this overview of the major trends we see affecting automotive suppliers this year. While not all legal risk can be anticipated, companies that are aware of litigation, enforcement, and regulatory trends will be one step ahead of their competition. Top issues include:… Continue reading this entry

Open the Floodgates: "Reply All" Now Also Means "Easy Union Organizing"

OSHA Turns Its Sights on Auto Suppliers
Well we pretty much knew this day was coming. Your email system has just become a union’s most effective tool to organize your employees. In May of this year, we predicted the National Labor Relations Board would overturn its 2007 Register Guard decision in which the Board determined, along political lines, that employees have no … Continue reading this entry

NHTSA, NLRB, and OSHA Oh My! The Agencies ARE Ganging Up

OSHA Turns Its Sights on Auto Suppliers
Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government activity, and that twitchy sense of more government scrutiny is actually well justified. Just when the Auto Industry was feeling the squeeze of recalls, … Continue reading this entry

UAW to NLRB: Tell Politicians to Stay Out of Our Elections

Following a closely watched representation election at an automotive assembly plant in Chattanooga, Tennessee, the United Auto Workers (“UAW”), the union seeking to represent employees at the facility that suffered a stinging defeat in the election, has filed novel objections to the election with the National Labor Relations Board (“NLRB” or the “Board”). The objections … Continue reading this entry

The Supreme Court: Cases to Watch in the October 2013 Term

This week marks the first Monday in October, which for Supreme Court watchers is a holiday: the start of a new term.  While not everyone gets that excited about the new term, there are several cases that the Court intends to hear this term that merit attention from businesses in the automotive sector.  Below is … Continue reading this entry

The Third Circuit Rules President Obama's 2010 NLRB Recess Appointment Was Invalid

Dealing yet another blow to the National Labor Relations Board (“NLRB” or “Board”), on May 16, 2013, the Third Circuit Court of Appeals ruled that President Obama’s 2010 recess appointment of Craig Becker to the NLRB was invalid. The case is NLRB v. New Vista Nursing & Rehabilitation, Case Nos. 11-3440, 12-1027 and 12-1936. The Third … Continue reading this entry