Royal

National Labor Relations Board Decisions

September 7, 2023

Attorney Amy Royal was recently interviewed by Massachusetts Lawyers Weekly regarding the NLRB’s August 2, 2023 decision in Stericycle Inc. The decision set a new standard on the question of whether an employer’s work rule that does not expressly restrict employees’ protected concerted activity, as it pertains to their rights to unionize, under Section 7 of the NLRA is nevertheless unlawful under NLRA Section 8(a)(1).


2023 has been an interesting year as the NLRB appears to be setting a pattern of decision-making and new laws leaning heavily in favor of employee rights. Management-side attorneys should be prepared as more decisions come down the pipeline.


  • On August 24, 2023, the NLRB finalized procedural changes that result in quicker union election processes.
  • This is a restoration of the process that was adopted during the Obama administration, and which was eliminated in 2019. The new rule/process takes effect on December 26, 2023, and holds that elections must be held before any related litigation can be resolved.

 

  • The very next day, on August 25, 2023, the NLRB issued a decision in the Cemex Construction Materials Pacific LLC matter. The decision essentially requires a company to bargain with a union without any formal election when the business has committed labor law violations.
  • The NLRB found that employers may be ordered to bargain with unions, regardless of formal elections, unless they can prove a good faith doubt regarding whether there is a majority support for the union amongst the employees.

 

If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288. 

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways 1. Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. 2. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. 3. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process . If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
March 28, 2025
The Royal Law Firm was a Finalist for Best Law Firm in The Best of The Valley Readers' Poll for 2025, as published by the Valley Advocate! Thank you to everyone who voted for us, and to those of you who trust us to help you in times of need. Click here to check out all of the category winners and finalists.
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