Constitutional Law
Sep. 15, 2016
Obama's NLRB out of sync with precedent
The Obama board's position misapplies long-settled board law and does a disservice both to employees and employers. By Mark Ross and Iris Kokish
Mark S. Ross
Special Counsel
Sheppard, Mullin, Richter & Hampton LLP
Email: mross@sheppardmullin.com
Mark is in the Labor and Employment Practice Group in the firm’s San Francisco Office.
Does a work rule asking employees to communicate with one another "in a manner that is conducive to effective working relationships" inhibit employee protected concerted activity under the National Labor Relations Act (NLRA)? Over the last several years, the "Obama board" - that is, the current National Labor Relations Board (NLRB) - has repeatedly found that such rules, although appearing on their face to be neutral, ...
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