As of January 21, 2020, all affidavits, correspondence, position statements, and documentary or other evidence in connection with unfair labor practice and representation cases pending before the NLRB must be e-filed via the NLRB website. Mailed or emailed submissions will no longer be accepted. In LA Speciality Product Company, the NLRB overturned an ALJ finding that an employer’s confidentiality rule and media rule violated the National Labor Relations Act. Using a balancing test articulated in The Boeing Company case in 2017, the NLRB explained that neither rule prohibited or interfered with NLRA-protected rights. With the 2018 Janus decision, prohibiting public-sector unions from collecting agency fees from non-members, the plaintiff in the decision (Mark Janus) asked for a refund of all fees paid prior to the decision. The Seventh Circuit ruled in two separate cases on November 5th that unions have no obligation to refund fees collected before the 2018 decision.
