McMahon Berger

NLRB Considers Allowing Employees To Use Company E-mail For Union Organizing Activities

The National Labor Relations Board’s (“NLRB”) General Counsel and the Communications Workers of America, AFL-CIO (“CWA”) have asked the NLRB to overrule the Board’s previous ruling regarding workers’ rights to use employer e-mail and other...

McMahon Berger

Contractual just cause provision trumped last chance agreement

Normally last chance agreements (LCA) are binding in arbitration, but the 8th U.S. Circuit Court of Appeals reversed the district court and enforced an arbitrator’s decision that an LCA did not provide the employer just...

McMahon Berger

Pay Secrecy Measures Are Recovering Old Ground

In early April, President Obama signed an Executive Order prohibiting federal contractors from retaliating against employees for discussing their pay.  Policies that prohibit employees from talking about pay are called “Pay Secrecy” policies.  This move...