Epstein Becker Green’s Annual Briefing Cited in “5 Obama-Era NLRB Moves That Could Get the Ax”

Law360

Epstein Becker Green’s Annual Workforce Management Briefing was cited in Law360, in “5 Obama-Era NLRB Moves That Could Get the Ax,” by Vin Gurrieri. (Read the full version – subscription required.)

Following is an excerpt:

While many of the cases that could be on the NLRB’s chopping block were issued on President Barack Obama’s watch, one precedent that attorneys said could be endangered predates Obama: the NLRB’s 2004 ruling in Lutheran Heritage Village. In that case, the NLRB rendered work rules and handbook provisions unlawful if employees “would reasonably construe” them to prohibit protected activities under Section 7 of the NLRA.

Last month, Miscimarra himself gave a speech at a workforce management seminar sponsored by Epstein Becker Green PC in which he showed attendees a slide of more than a dozen cases he believes were wrongly decided during his tenure. The two he highlighted in particular were the board’s rulings on the joint employer issue as well as Lutheran Heritage.