Boeing Crashes at the NLRB

“Unprecedented!” “Frivolous!” are just two of the milder characterizations that have been hurled at the National Labor Relations Board (NLRB) in the wake of its unfair labor practice complaint against Boeing for moving work on the 787 Dreamliner to a new plant in South Carolina.  What is most surprising about those characterizations is they came from, among others, the labor law professoriate that is usually a knee-jerk supporter of the Labor Board in any union-supporting effort.  Long-time union stalwarts have noted that the NLRB’s conduct is the boldest act of its recent and expanding pro-labor activist agenda and have questioned its wisdom, if not its intent. But first, some background.

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Facebook, the NLRB, and Concerted Activity

Although everyone is talking about the Boeing complaint, as egregious as that may be, it is not the most practically troublesome over-reach of our new NLRB.  That prize goes to its efforts to convert employee gripes on Facebook to “concerted activity,” an act that affects just about every employer in the country.

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Dukes v. Wal-Mart: Huge Class-Action Certification Case Argued at Supreme Court

In a much anticipated case, the Justices were finally able to hear and be heard on the appropriateness of a class of 1.5 million female claimants, alleging discrimination in pay and promotion opportunities.  

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EEOC Issues Final ADAAA Regulations

On March 25, 2011, the EEOC issued its Final Regulations interpreting the ADA Amendments Act (ADAAA), ending a 20-month wait since the proposed Regulations were published in September 2009.  The Final Regulations will become effective in 60 days.  The text of the Regulations are available at www.fortneyscott.com. 

 The best way to understand the new Regulations is to heed the words of EEO Commissioner Vicky Lipnic: “Remember that these statutory changes were all about expanding coverage and these regulations are all about expanding coverage.”  

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Terminated Employees Win New Protections

The Supreme Court has broadly expanded the universe of protected activity in two recent decisions: Staub v. Proctor Hospital, No. 09-400 (2011) and Thompson v. North American Stainless, LP, No. 09-291 (2011).  Although the cases are unrelated and decided under different laws, the bottom line is it’s harder than ever to fire anyone. 

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