06.23.2025Fourth Circuit Issues Guidance On Employer Speech During Organizing CampaignsA recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s claim that it would have a say on pay increases was untrue and blaming the union for the lack of pay raises. The court’s analysis provides important guidance for employers on permissible speech during a union organizing campaign. In brief, the court strongly reaffirmed the free speech rights of employers to oppose unionization so long as the speech is not objectively coercive of Section 7 rights. Garten Trucking v. NLRB (June 2, 2025).
10.08.2024Should I Stay Or Should I Go: The NLRB Weighs InOn October 7, 2024, NLRB General Counsel Jennifer Abruzzo announced to her staff and the public that she intends to prosecute employers for “Stay-or-Pay” employment agreements, agreements that require a new employee to repay outlays for training if the employee leaves within a certain timeframe after being hired. The General Counsel reasons that such provisions are “presumptively unlawful” under Section 7 of the National Labor Relations Act, which protects the rights to unionize or engage in protected concerted activity, because they force employees to remain in jobs they would otherwise leave, or deter an employee from union activity so as not to risk termination and the repayment obligation.
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