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Free speech challenge to ordinance banning union’s inflatable rat punctured by mootness issue

August 24th, 2016

By Dave Strausfeld, J.D.
Mootness may doom a union’s First Amendment challenge to a local sign ordinance that banned it from placing giant inflatable rats on a roadway median opposite a construction site it was picketing, held the Seventh Circuit on summary judgment, remanding the case to the district court for further factfinding as to whether [Read more...]

No more direct, indirect, convincing mosaic ‘tests’; evidence is evidence

August 24th, 2016

By Joy P. Waltemath, J.D.
Tossing distinctions between “direct” and “indirect” evidence in employment discrimination cases, as well as the use of “convincing mosaic” as a legal test, the Seventh Circuit threw out some of its prior precedent to the extent it relied on any of those discredited approaches. In so doing, the court revived the [Read more...]

NLRA right to concerted activity can’t be waived by mandatory arbitration barring it ‘in any forum’

August 24th, 2016

By Dave Strausfeld, J.D.
In a major win for the NLRB on the issue of concerted or class action waivers, the Ninth Circuit became the second federal court of appeals to hold that the Board got it right in D.R. Horton. Under the unambiguous language of the NLRA, the appeals court found, it is unlawful to [Read more...]

Kellogg’s bargaining proposals not unlawful bid for mid-term master contract modification

August 24th, 2016

By Ronald Miller, J.D.
Finding that Kellogg’s bargaining proposals for a local collective bargaining agreement (Memphis Agreement) did not constitute an unlawful mid-term modification of a Master Agreement in violation of the NLRA, the Sixth Circuit granted Kellogg’s petition for review of an NLRB order. The appeals court agreed with Kellogg that the Board could not [Read more...]

NLRB: Chipotle’s social media policy unlawful, but tweet about low pay not concerted activity

August 23rd, 2016

By Lisa Milam-Perez, J.D. and Dave Strausfeld, J.D.
Chipotle did not violate the NLRA when it told an employee to delete his Twitter comment about the restaurant chain’s low wages in response to a customer’s tweet, a divided NLRB panel held, finding (contrary to an administrative law judge) that his conduct was not concerted activity. The [Read more...]