Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the fall 2018 issue of the Practical NLRB Advisor. This issue examines the Supreme Court’s decision in Epic Systems Corp. v. Lewis, which is destined to have a profound impact on the labor movement and on labor-management relations.
Epic Systems has important implications for union employers. Labor unions can no longer attack employers’ arbitration agreements as a basis for bringing unfair labor practice charges as they seek leverage during union organizing campaigns. Epic Systems is also instructive in that the decision takes a restrained view of what constitutes “protected concerted activity” under Section 7 of the National Labor Relations Act. The current National Labor Relations Board (NLRB) is likely to contract the expansive view of Section 7 advocated by the Obama Board, and Epic Systems will likely bolster that effort since it cautions against stretching the definition of “protected concerted activity” beyond its original statutory reach.
This issue of the Practical NLRB Advisor also discusses other recent controversies, such as the Supreme Court’s Janus v. American Federation of State, County, and Municipal Employees, Council 31 decision; the representation case rule; the Purple Communications decision on the use of employer email systems; whether independent contractor misclassification constitutes an unfair labor practice; and the proposed joint-employer rule.