The National Labor Relations Board, or NLRB, is an administrative tribunal formed in 1935 under the National Labor Relations Act. The purpose of the NLRB is to handle charges of unfair labor practices involving the rights of employees to organize and actively try to improve their working conditions. The board has five seats although only a quorum of three is required for it to act. Board members are appointed by the President and confirmed by the Senate for five-year terms. The board currently has three members and can order injunctive relief — such as reinstatement of a terminated employee — as well as compensation for wages lost as a result of an unfair labor practice.
In most instances, the board deals with cases involving conflicts between unions and management, arising under the National Labor Relations Act. This can include:
- Misconduct during union elections
- Retaliations against organizers and members
- Failure to negotiate in good faith
- Refusal to abide by a collective bargaining agreement
However, the board also deals with cases involving employees fired, demoted or otherwise disciplined for engaging in bona fide concerted activity regarding their working conditions. This means that, while most instances of employer retaliation arise under other employment laws and usually fall under the jurisdiction of the Equal Employment Opportunity Commission (EEOC), some types of cases involving concerted activity may fall under the board’s jurisdiction.
Concerted activity can include discussing working conditions with coworkers or petitioning management for changes. Final decisions by the NLRB are appealable and enforceable by whichever U.S. court of appeals has geographical jurisdiction.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005. This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins brings…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in…
Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
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5.0/5.0I don’t usually write many reviews, but in early 2021 I was asked if I wanted to write an update to my initial review talking about my experience as a client, so I said “yeah I want to talk, but for just a minute.” After a long and voluminous l...
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Diane Englander Peyser and Bruce Atkins provided extensive subject matter knowledge and guided us through very complicated legal system; resulting in positive outcome that we could not have achieved on our own. Great office atmosphere with friendly a...
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I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...
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5.0/5.0
I am grateful to Bruce and his firm for his professionalism and guidance. His experience and calm demeanor really helped me through a tough case. He settled it very quickly which allowed me to put it behind me and move on. I highly recommend Bruce.
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5.0/5.0
Having been a litigation attorney myself, I've seen it all from the "inside". I know that far too many lawyers care only about profit and have very little interest in the actual law or their clients. So I was very careful in selecting an attorney t...
