NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers

By David Beach, Marjorie C. Soto Garcia and Christopher Foster on September 27, 2023

The National Labor Relations Board recently issued a decision that undercuts union and nonunion employers’ ability to enforce longstanding work policies. In general, this decision will lead to increased unfair labor practice charges, investigations and litigation.

David Beach
David Beach focuses his practice on employment law. David has experience litigating claims of employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, the Americans with Disabilities Act, the Age Discrimination in Employment Act and state and local human rights laws. He also represents companies before the National Labor Relations Board during union organizing and election campaigns and in connection with unfair labor practice charges. Read David Beach's full bio.

Marjorie C. Soto Garcia
Marjorie C. Soto Garcia’s labor and employment practice covers single plaintiff and class action litigation, employment counseling, traditional labor (including union activity and collective bargaining), and M&A and complex transactions. She regularly defends employers in state and federal lawsuits alleging discrimination, harassment, retaliation, wrongful termination, wage and hour violations, violations of the Fair Credit Reporting Act (FCRA), Private Attorney General Act (PAGA) actions and unfair labor practice charges under the National Labor Relations Act (NLRA). Marjorie is additionally experienced in managing complex transactions (including M&A), regularly providing clients with strategic advice on potential risks and practical, business-oriented solutions. She is also experienced in dealing with trade secret, confidentiality, non-compete and non-solicit matters in employment and separation contracts. Read Marjorie C. Soto Garcia's full bio.

Christopher Foster
Chris Foster advises leading companies and wealthy families in labor and employment matters. Chris has extensive experience handling union organizing and decertification campaigns, unfair labor practice investigations, trials and appeals. He provides strategic planning on the addition and divesting of unionized operations and rapid response tactics to economic warfare (e.g., strikes, pickets and pressure campaigns).Read Chris Foster's full bio.

NLRB Undercuts Work Rules and Policies for Unionized and Nonunionized Employers

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