https://www.overlawyered.com/2012/06/labor-and-employment-law-roundup-8/ Chronicling the high cost of our legal system Tue, 19 Jun 2012 04:45:11 +0000 hourly 1 https://www.overlawyered.com/2012/06/labor-and-employment-law-roundup-8/comment-page-1/#comment-163493 Tue, 19 Jun 2012 04:45:11 +0000 http://overlawyered.com/?p=29937#comment-163493 […] “The next battleground for the NLRB? Acting General Counsel Suggests At-Will Disclaimers May Violate NLRA” [Daniel Schwartz, earlier] […]

]]> https://www.overlawyered.com/2012/06/labor-and-employment-law-roundup-8/comment-page-1/#comment-161395 Wed, 06 Jun 2012 18:50:41 +0000 http://overlawyered.com/?p=29937#comment-161395 The NLRB Memo reminds me of an argument posited by a colleague of mine on the NLRB in the 60’s, who argued that if an employer’s statement was effective in persuading an employee to vote against the union, it was a violation of Section 8 (a)(1) of the Act, as it “interfered with” the employee’s right to join a union. The man went on to be an Administrative Law Judge in the Board’s San Francisco office.
Believe it or not his rationale was not too far from statements of Board Members Fanning and Brown in the 50’s and 60’s in published decisions.

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