A little known provision in the National Labor Relations Act  provides protection to employees when they discuss “terms and conditions” of employment.  The discussion must be between two or more employees.  The purpose of this provision (remember, the NLRA was passed in 1935) was to protect employees who may be forming a union.  But, for

If true, this lawyer deserves the award for the most moxie. According to a recent San Antonio Express News report, Andrew Toscano in effect represented both sides to a lawsuit. In a personal injury lawsuit, R.D. Galvan and Luciano Morin sued the Chili’s Restaurant chain after the two men were in an automobile wreck.

photo courtesy of tom213

The Northwestern football players will now cast their votes for or against forming a union. I wrote about this union movement previously here. Only scholarship players may vote. The school has already appealed the NLRB’s decision that the football players are employees and may form a union. The appeal will be

The National Labor Relations Board has decided that college athletes can form a union. To reach that determination, the NLRB had to first find that football players are "employees" of the school. Football players at Northwestern University had sought to form a union.  I first wrote about their request here.

The Northwestern University quarterback

I frequently tell my clients or potential clients that if they want fairness at work, then they need to form a union.  The case of Lt. Joseph Salvaggio of the San Antonio Police Department illustrates why.  Lt. Salvaggio took the exam for promotion to captain in 2010.  One of the instructions was that if a

Every so often, I talk with an employee who has been treated badly by his employer, but for whom there is no lawsuit available.  S/he has no discrimination claim.  The employee is simply treated unfairly, for which there is no remedy in Texas.  So, I typically tell such clients they should form a union if

Federal employees who are members of a union have the right to have a union representative present during an interview with management when the employee believes he will be subject to discipline.  That is an invaluable right when you are "under the gun" and feel like your job is in jeopardy.  Most states that have

As I have discussed before, the National Labor Relations Board has waded deep into the Facebook waters.  See my post here and here.  

The Board recognizes that under the National Labor Relations Act, employees have the right to discuss terms and conditions of their job.  So, when employees post comments on Facebook about

Its a common practice at most places of employment to keep "confidential" any investigation.  I think requiring confidentiality has as much to do with managing employee morale as it does any particular legal requirement.  But, if the employer enforces its request for confidentiality, it may run afoul of the National Labor Relations Act.  The NLRA

Last week, I commented about an NLRB Board member who provided confidential information to a law firm.  See my prior post.  Little did I know then that the "law firm" receiving this very privileged information was Peter Schaumber.  Mr. Schaumber advises Mitt Romney on labor issues and the NLRB.  Candidate Romney’s website includes an