NLRB
Recent NLRB Ruling Demonstrates How Profanity And Threats Can Be Protected Activity
April 23, 2020
In a recent decision by the National Labor Relations Board we are reminded that protected activity is not always polite and that the National Labor Relations Act protects such conduct unless it is “sufficiently egregious or opprobrious to remove it from the protection of the Act.”
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NLRB Emphasizes Employee Free Choice in Additional Amendments to “Quickie Election” Rules
April 20, 2020
On April 1, 2020, the National Labor Relations Board finalized a series of highly anticipated additional amendments to its union election procedures.
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NLRB to Lift Suspension on Board-Conducted Elections
April 1, 2020
Today, the NLRB announced it will not extend its temporary suspension of Board-conducted elections, and instead will resume conducting elections beginning Monday, April 6, 2020.
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NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely
February 25, 2020
The National Labor Relations Board announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.”
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Handbook Alert - NLRB Addresses Dress Code Policy Regarding Union Buttons/Insignia
January 13, 2020
The National Labor Relations Board recently addressed Walmart’s dress code policy that prohibits employees from wearing any buttons or insignia unless they are “small and non-distracting.”
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NLRB To Expand Definition of Effective Recommendation of Discipline?
December 27, 2019
In its unpublished decision in Bloomsburg Care and Rehabilitation Center, the National Labor Relations Board expressed a willingness to reconsider, and likely expand, what constitutes an alleged supervisor’s ability to “effectively recommend” discipline.
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Christmas Comes Early for Employers with Big NLRB Wins
December 20, 2019
It’s been a winning season for businesses, with employers garnering some big NLRB wins.
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Employers May Cease Deducting Union Dues When CBA Expires
December 17, 2019
This week, on December 16, 2019, the NLRB reversed Lincoln Lutheran of Racine and returned to the rule established by Bethlehem Steel, 136 NLRB 1500 (1962), holding that a dues checkoff provision did not survive the expiration of the relevant CBA, and that an employer did not violate the National Labor Relations Act by discontinuing its practice of deducting employees’ union dues from their wages over a year after the CBA expired.
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Why Can’t We Be Friends? Monitoring Employees’ Social Media
December 16, 2019
Employees received an early present on the social media front this fall. A recent decision from the Nation Labor Relations Board has set additional parameters on what employers may and may not do when it comes to monitoring employees’ social media.
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NLRB Delivers A “Holiday Gift” To Employers: New Union Election Timelines
December 13, 2019
On December 13, 2019, the National Labor Relations Board issued a final rule revising the Obama-era union election procedures (known as “R-Case” rules). The revision to the procedures will become effective 120 days from its publication in the Federal Register next week.
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NLRB Finds Confidentiality And Media Contact Rules Lawful
November 19, 2019
The National Labor Relations Board recently applied the Board’s new Boeing standard to find an employer’s confidentiality and media contact rules lawful under the National Labor Relations Act.
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Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection
October 11, 2019
The National Labor Relations Board is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the course of otherwise protected activity” should lose the protection of Section 7 of the National Labor Relations Act.
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