Late summer brings picnics, hiking, and general fun. It also brings a slew of NLRB decisions as the agency’s fiscal year comes to an end on September 30. One of the more highly-anticipated decisions concerns the lawfulness of employer work rules. On August 1, 2023, the National Labor Relations Board (Board) issued a decision in
Mark Theodore
Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice Group.
Some recent highlights of his career include:
- Successfully defended client against allegations that it had terminated a union supporter and isolated another. T-Mobile USA, Inc., 365 NLRB No. 15 (2017).
- Successfully appealed NLRB findings that certain of client’s written policies violated the National Labor Relations Actions Act. T-Mobile USA, Inc., 363 NLRB No. 171 (2016), enf’d in part, rev’d in part 865 F.3d 265 (5th Cir. 2017).
- Represented major utility in NLRB proceedings related to organizing of planners. Secured utility-wide bargaining unit. Bargained on behalf of grocery chain. After negotiations reached an impasse, guided the company through lawful implementation of five year collective bargaining agreement.
- Coordinated employer response in numerous strike situations including a work stoppage across 14 western states of the client’s operations.
Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in a variety of industries, including national, multi-unit, multi-location, multi-employer and multi-union bargaining. Mark has handled lockout and strike situations, coordinating the clients efforts.
In addition, Mark has handled hundreds of arbitrations involving virtually every area of dispute, including contract interest arbitration, contract interpretation, just cause termination/discipline, benefits, pay rates, and hours of work.
San Francisco Releases “Ban the Box” Notice for Posting and Distribution
San Francisco’s new Fair Chance Ordinance (“FCO”) “bans the box” and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel decisions. One of the requirements of the FCO is for employers and contractors to post and distribute a written notice of rights, which San…
San Francisco “Bans the Box” for Private Employers and City Contractors
San Francisco recently became the ninth jurisdiction to enact a “ban the box” ordinance prohibiting private employers and city contractors and subcontractors from asking job applicants about their criminal histories until after the first interview. The new ordinance further restricts the types of criminal offenses about which employers and contractors may inquire or otherwise may…
California Further Restricts Employer Use of Prior Convictions in Hiring Decisions
On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. This alert examines the new law, which takes effect January 1, 2014.
Read the full text of this alert.
Release of 2012 Advice Memo Pulls Together Principles Applied by the NLRB in Evaluating Employer Social Media Policies
A 2012 Advice Memo from the National Labor Relations Board’s General Counsel, which was publicly released two weeks ago in response to a Freedom of Information Act request, addresses a number of hot social media topics affecting the workplace. This alert takes a closer look at the Advice Memo, which concludes that portions of Giant…