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Labor Relations Update

Category Archives: Advice

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Employer Merely Granted Employee’s Wish To Be Terminated, NLRB Div. Of Advice Rules

Posted in Advice, Facebook, General Counsel, Handbook, NLRA, NLRB, Non-Union employers, Protected activity, Section 7, Section 8(a)(1), Social Media, Social Media Policies

Social media permeates society.  It was inevitable that the increased use of smart phones and various communications platforms such as Facebook and Twitter would clash with the workplace.  We have noted several instances where the NLRB has alleged that employer action in response to social media posts is unlawful, as well as its seemingly endless review… Continue Reading

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The Act

Posted in Advice, At-Will, Employer policies, General Counsel, Handbook, Mandatory submissions, NLRA, NLRB, Section 7, Social Media Policies, Uncategorized

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act.  In recent months we have seen the NLRB seemingly pullback on this trend, taking a much closer look at the context of… Continue Reading

NLRB Division, Some “At-Will” Clauses Ok

Posted in Advice, At-Will, Employer policies, General Counsel, Handbook, NLRA, NLRB, Non-Union employers, Protected activity, Section 7, Section 8(a)(1), Uncategorized, Unfair Labor Practices

The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies.  The NLRB has taken the position that certain “at-will” language in handbooks, language that in various forms exists in virtually every private employer’s handbook in… Continue Reading

Finding Certain Facebook Activity To Be Unprotected, NLRB DismissesTwo Charges

Posted in Advice, Employer policies, Facebook, Handbook, LinkedIn, NLRA, NLRB, Protected activity, Section 7, Section 8(a)(1), Social Media, Social Media Policies

The interesection of social media and employee rights under the National Labor Relations Act has received a great deal of attention in recent months, including recently on this blog.  Social media sites such as Facebook and LinkedIn have made it very easy for people to stay connected.  With a simple push of the button, everyone in… Continue Reading

Greater Access To Employer Property A Priority To Acting NLRB GC

Posted in Advice, General Counsel, Mandatory submissions, NLRA, NLRB

Acting NLRB General Counsel Lafe Solomon reiterated a commitment to seek ways for unions to gain greater access to employer property during organizing situations, as well as gain greater leverage in first contract negotiations.  In his GC Memorandum 11-11.pdf  dated April 12, 2011, the Acting General Counsel identified the types of matters that are required to be … Continue Reading