Human Resources & Law FAQS

1. In the summary judgment, unlike in the motion to dismiss, the allegations in the complaint are not accepted as true. Instead, the movant relies on his/her own evidence and the lack of evidence by the non-moving party. In other words, a motion to dismiss is based on some procedural matter and is often fixable. On the other hand, a motion for summary judgment is a substantive ruling and has the same legal effect as if a trial had occurred.

2. If it is a common practice of uniformed employees at Factory X to decorate their uniforms with pins and buttons, such as Mets insignia and angel pins. Then, it would be illegal (unfair labor practice) under the NLRA for the disciplining of employees wearing union buttons during the Union campaign because rules adopted (especially, for the sole purpose of discriminating against union activism) immediately after a campaign has begun may have the appearance of being promulgated for an unlawful purpose. Moreover, ‘special circumstances’ allowing restriction for specific reasons as the need for safety; production, or other legitimate business purpose is moot since it is common practice for the employees to decorate their uniforms with other (non-union) pins and buttons.

3. The creation of a division in the NLRB, by the Taft-Hartley Act, so that the people prosecuting unfair labor practices were not the same people making the final determination represents, in my opinion, a negative change for two reasons. First, the Taft-Hartley Act was motivated by anti-union sentiments.