Posts tagged protected union activities
NLRB’s in-house tribunal undermines fairness and rule of law
February 25, 2025 // Nick felt he’d followed proper procedure and compiled thorough evidence to support his case. But none of it mattered. The NLRB doesn’t have to prosecute its allegations in a proper court of law. In fact, it doesn’t even have to go beyond its own walls. The agency’s general counsel filed the case in-house, applied the NLRB’s own rules (that toss aside standard rules of evidence), and held a hearing in front of an NLRB-employed administrative law judge (ALJ) at the NLRB’s offices. Any appeal of the ALJ’s decision goes to the NLRB itself. Unsurprisingly, the ALJ in Nick’s case ruled against the restaurant and ordered it to rehire the eight employees with backpay. The NLRB affirmed the ALJ’s decision, including her order to Hiran Management to compensate the employees for any “foreseeable” harm that purportedly resulted from the terminations. These so-called “compensatory damages” are not authorized under the National Labor Relations Act. But the NLRB “discovered” this authority in December 2022—90 years after the labor act was adopted.
It’s getting easier for workers to unionize. One simple chart shows the new steps.
August 28, 2023 // In a new ruling, the National Labor Relations Board laid out what will now happen if employers trying illegal union-busting activity. If workers want a union, and employers use illegal tactics in the run-up to a union election that could compromise the election — like firing union organizers, or retaliating against workers engaging in protected union activities — the new rules says workers no longer have to hold a fresh election. Workers will instead automatically get their union and employers will have to bargain with them.