Pat Muldowney

NLRB Gifts Employees Expansive Remedies in Time for the Holiday Season

By Pat Muldowney and Nailah Bowen on December 19, 2022 Posted in NLRB

“You get more remedies! You get more remedies! Everybody gets more remedies!” Employers found to have committed an unfair labor practice (ULP) now may be required to compensate employees for interest and late fees on credit cards, penalties for early withdrawals from retirement accounts, out-of-pocket medical expenses, and other costs incurred to make ends meet. … Continue Reading

To Deduct or Not To Deduct – NLRB Revisits Union Dues Checkoff Post-CBA Expiration

By Pat Muldowney and Nailah Bowen on October 17, 2022 Posted in NLRB

Whether employers must continue to deduct union dues from employees’ paychecks and forward such deductions to the union (i.e., a “dues checkoff” provision) after the expiration of a collective bargaining agreement (CBA) is of critical importance in the negotiation process. Not having to deduct union dues is a powerful weapon for an employer to force … Continue Reading

NLRB Upholds Employers’ Right to Restrict Employees’ Email Use for Union Organizing – for Now

By Pat Muldowney and Erin Sales on October 11, 2022 Posted in NLRB

The issue of whether an employer can ban its employees from using the company email system for union organizing has been the subject of heated litigation before the National Labor Relations Board (NLRB or Board). Since its 2007 decision in Register Guard, 351 NLRB 1110, the Board has vacillated between finding that such bans unlawfully … Continue Reading