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Congress seeks to block NLRB’s election rule changes

By Justin Keith on Posted in Labor

We’ve been following the NLRB’s controversial changes to union election case procedures. The proposed rules—which strip employers’ of their rights to litigate many issues in a hearing, limit parties’ appellate rights, and have the potential to dramatically decrease the time between the filing of a union election petition and the election—are currently set to take… Continue Reading

Arizona introduces legislation to prohibit public sector collective bargaining

By Daniel Pasternak on Posted in Labor

Following last year’s controversial moves in Wisconsin and Ohio to limit the right of public sector employees to collectively bargain, and yesterday’s signing of Indiana’s right-to-work law, on February 1, state lawmakers introduced a series of bills in the Arizona senate that, if passed, would be the country’s most comprehensive package of laws limiting public… Continue Reading

Holiday Pay Revisted

By Ailie Murray on Posted in Labor

A recent EAT decision has looked at the tricky area of a workers’ entitlement to holiday pay and the ability to carry over holiday from one year to the next. The case considered whether a worker who neither took, nor tried to take, holiday entitlement during a number of years’ absence was entitled to statutory… Continue Reading

NLRB adopts controversial amendments to union election case procedures

By Justin Keith on Posted in Labor, Uncategorized

We’ve been following the NLRB’s proposed amendments to the rules and regulations governing union election cases over the past few weeks. Today, the Board voted 2–1 to adopt the Chairman’s proposed amendments, which significantly limit employer’s rights before the Board. Before, employers had the absolute right to insist on a pre-election hearing to litigate the… Continue Reading

Ninth Circuit Tells NLRB to Reevaluate Case Involving Used Car Salesman’s Angry Outburst

By Daniel Pasternak on Posted in Labor

The core protection afforded to employees under the National Labor Relations Act is the right to engage in “protected concerted activity.” NLRB case law is full of examples of employee outbursts directed at management concerning workplace issues being deemed “protected concerted activity,” and thus the employer’s discipline or discharge of the employee for that outburst… Continue Reading

President announces two new NLRB nominations

By Justin Keith on Posted in Labor

Yesterday, the President announced the nominations of two individuals to serve as Members  of the National Labor Relations Board. It remains to be seen whether the Senate will confirm these nominations, or the nomination of Terence Flynn to fill the other Republican seat. Absent confirmation or a recess appointment of one or more nominees, the… Continue Reading

NLRB adopts controversial resolution limiting parties’ rights in union election cases

By Justin Keith on Posted in Labor

Today, the NLRB voted 2–1 to adopt a resolution put forth by Chairman Pearce that will result in significant changes to the Board’s representation case procedures—changes that most view as decidedly pro-union. Under the Board’s current rules, an employer has the unqualified right to insist on a pre-election hearing, at which it can introduce testimony and evidence, and file a post-hearing… Continue Reading

An Update on the NLRB’s Notice Posting Rule

By Daniel Pasternak on Posted in Labor

On October 6, we let you know that the NLRB had postponed the effective date of its recently-adopted rule that will require almost all employers to post a detailed notice to employees advising them of their rights under the National Labor Relations Act. (The rule was set to go into effect on November 14, but… Continue Reading

NLRB Judge rules that employee’s comments on Facebook were not protected

By Justin Keith on Posted in Labor

We’ve been following the NLRB’s increased focus on social media since the Board issued its first complaint involving Facebook postings nearly a year ago. Recently, we blogged about the first decision from an NLRB Administrative Law Judge involving comments posted on Facebook. In that case, the ALJ found that the comments were protected under the Act… Continue Reading

NLRB releases notice of employee rights poster

By Daniel Pasternak on Posted in Labor

Keeping you up-to-date on the latest developments on this issue, the NLRB just released the official form of Notice to Employees to be posted pursuant to the new rule (assuming that it goes into effect on November 14, 2011 — see our post here regarding the lawsuit recently filed by the National Association of Manufacturers… Continue Reading

The NLRB’s Notice Posting Requirement — Not so fast?

By Daniel Pasternak on Posted in Labor

On August 25, we let you know about the National Labor Relations Board’s implementation of a final rule that will require almost all employers to post a notice in the workplace by mid-November 2011 advising employees of their rights under the National Labor Relations Act (which includes, among other things, the right to form, join, or assist a union, and to engage… Continue Reading

NLRB Judge Issues First Ever Ruling in Social Media Line of Cases

By Laura Lawless Robertson on Posted in Labor

On September 6, an Administrative Law Judge (ALJ) ruled that the Hispanics United of Buffalo, Inc., a non-profit social services agency, violated the National Labor Relations Act (NLRA) when it terminated five employees for griping after-hours on Facebook about their jobs, one of their managers, and some of their more challenging social service clients. Employers – including non-unionized employers – should be mindful of the NLRB’s push to extend NLRA protection to employees’ social media discussions.

NLRB Issues Decisions Delaying Employee Free Choice

By Justin Keith on Posted in Labor

  This week (and just prior to the expiration of Chairman Liebman’s term), the NLRB released two significant decisions, each of which undo procedural safeguards put in place by prior Board decisions to ensure employee free choice. First, in Lamons Gasket Co., 357 NLRB No. 72, the Board reversed its 2007 decision in Dana Corp. Under Dana Corp., employers who voluntarily recognized… Continue Reading

NLRB Guidance on Social Media Activities

By Eric Sigda on Posted in Labor, Wage & Hour, Workplace Safety

We have been following actions taken by the National Labor Relations Board (“NLRB”) in the emerging world of social media (Social Media Posts and Concerted Activity). In an effort to offer guidance to employers about developments arising in the context of social media, the NLRB’s Acting General Counsel issued a report discussing the Board’s positions… Continue Reading

Department of Labor Enters the Digital Age with Apps

By Eric Sigda on Posted in Labor

Mobile apps burst onto the scene a few years ago, never to go back. Some apps have become quite well know for their entertainment value (think Angry Birds). Other apps are developed for productivity and business. If you can think of it, there probably is an app for it (or one is coming soon). Over… Continue Reading

The Obama Board and the Giant Rat: NLRB Holds That Union Use of Inflatable Monster Rat Does Not Constitute Unlawful Activity Directed At A Secondary Employer

By Jonathan Israel on Posted in Constitution, Labor

 The "Giant Rat" — the monster inflatable notoriously associated with labor union activity — has survived another legal challenge. Yesterday, in Sheet Metal Workers Local 15 (Galencare, Inc.), the National Labor Relations Board (NLRB) issued a 3-1 split decision holding that a union had not engaged in unlawful secondary activity under Section 8(b)(4)(ii)(B) of the National… Continue Reading

NLRB A ‘Twitter Over Employers’ Social Media Policies

By Laura Lawless Robertson on Posted in Labor, Legislation

The National Labor Relations Board’s (NLRB) recent scrutiny of social media policies for compliance with the National Labor Relations Act (NLRA) has alarmed many employers – including non-union employers. Two recent developments in this area add fuel to an already heated debate over employer actions based on employees’ use of social media.