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Category Archives: Employer policies

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Reading the NLRB Signs at the Triple Play Sports Bar

Posted in Employer policies, Facebook, Handbook, NLRA, Protected activity, Social Media, Social Media Policies, Uncategorized

In Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31. (August 22, 2014), the National Labor Relations Board ruled that an employee “liking” a status on Facebook is engaging in protected concerted activities under the NLRA.   Employees were unlawfully terminated for ranting about the employer’s tax-withholding error, which resulted in… Continue Reading

NLRB Overturns Decert Election Based On Employer’s “Promises” Of 401(k)

Posted in Decertification elections, Employer policies, Handbook, NLRA, NLRB, Section 8(a)(1), Uncategorized

The last few months have seen very little in the way of NLRB decisions.  The recent Supreme Court decision  where the recess appointments to the NLRB were invalidated, likely will further slow down the process of issuing decisions. Still, the NLRB has had a full complement of members for almost a year, and the agency manages to… Continue Reading

NLRB Administrative Law Judge Rulings on Work Rules and Social Media Policies Continue to Perplex

Posted in Employer policies, NLRA, Social Media, Social Media Policies

NLRB Work Rules and Social Media Policies Continue to Perplex The NLRB may be getting #SocialMedia, but confusion concerning employer work rules and social media policies became obvious yet again in Professional Electrical Contractors of Connecticut (June 4, 2014).  In this decision, ALJ Raymond Green wrote that “a legitimate conflict of principles . . . will require… Continue Reading

Employer Email Policies on Chopping Block as General Counsel Seeks to Overrule Register Guard and Board Calls for Amicus Briefs

Posted in Email, Employer policies, NLRA, NLRB, Protected activity, Solicitation

In a development of importance to both union and non-union employers, the NLRB General Counsel has asked the NLRB to overrule its 2007 decision in Register Guard, 351 NLRB 1110 (2007).  In Register Guard, the Board had held that employers could bar employee use of the employer’s email for non-business purposes, including union or other… Continue Reading

NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With Decertification Election

Posted in Collective Bargaining, Employer policies, Handbook, NLRA, NLRB, Objectionable Conduct, Recess appointments, Representation Elections, Uncategorized

As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years.  The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of questionable constitutional validity from continuing to render decisions.  The NLRB recently ruled that… Continue Reading

NLRB Advice Memo Pulls Together Principles Applied in Evaluating Employer Work Rules and Social Media Policies

Posted in Employer policies, Protected activity, Social Media, Social Media Policies

A 2012 Advice Memo from the National Labor Relations Board’s (“NLRB”) General Counsel was recently publicly released in response to a Freedom of Information Act request. While the Advice Memo applies the long-standing framework used by the NLRB to evaluate the lawfulness of workplace rules more generally, it is noteworthy because it addresses a number of hot… 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, Union Violated Act When Steward Invoked Company Handbook To Stop Member Complaints

Posted in Employer policies, Handbook, NLRA, NLRB, Section 7, Section 8(b)(1)(A), Uncategorized

In the last couple of years, we have seen close scrutiny of employer handbooks by the NLRB.  If the agency deems a policy, or a portion of a policy, to be something employees might reasonably construe to inhibit protected activities, it is found to be unlawful.  These types of cases are vexing. if only because… Continue Reading

NLRB Developments Post-Election – What The Future May Hold In Labor Relations

Posted in At-Will, Bargaining units, Employer policies, Facebook, General Counsel, Handbook, NLRA, NLRB, Off-duty Access, Section 7, Section 8(a)(1), Social Media Policies

Now that the election is over, one of the main questions being asked is, what next?  We recently held a Webinar entitled ”The Latest at the NLRB and Post-Election Developments” to address this question.  It seems clear that with Congress still divided that there likely will not be much in the way of legislative change.  The pressing issues… 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

Update: NLRB Upholds Termination For Facebook Posting, But Nails Employer For Unrelated Handbook Policy

Posted in Employer policies, Facebook, General Counsel, Handbook, NLRA, NLRB, Protected activity, Section 7, Section 8(a)(1), Social Media, Unfair Labor Practices

The NLRB has received a lot of attention for its actions the last couple years.  One of the storms was caused by the agency’s attention to employer actions based on employee Facebook postings.  More to the point, employers were not too thrilled with some things being posted by employees on the internet for the multitudes to see,… Continue Reading

Dues Checkoff Clear In Revocation Requirements, Says NLRB (By Default)

Posted in Employer policies, General Counsel, Handbook, NLRA, NLRB, Section 8(a)(1), Section 8(a)(2), Section 8(b)(1)(A), Unfair Labor Practices

The looming presidential election seems to have slowed the NLRB down, despite the fact the Board is currently at a full complement of five members.  As of July 24, it will be down to four, as Member Flynn’s resignation will become effective at that time.  The Board cases being decided these days largely involve mundane matters,… Continue Reading

Court Strikes Down Portions Of NLRB Notice Posting Rules

Posted in Employer policies, NLRA, NLRB, Protected activity, Representation Elections, Rights Poster, Rulemaking, Section 7, Section 8(a)(1), Unfair Labor Practices

A federal judge in the District of Columbia handed employers a significant partial victory in the ongoing skirmish over the NLRB’s attempts to require all employers under its jurisdiction to post a notice of employee rights.  As we have noted previously, the NLRB postponed the original November 14, 2011 compliance date, only to postpone it… Continue Reading

Employer Meetings, Election Site The Next Targets Of NLRB?

Posted in Employer policies, Handbook, NLRA, NLRB, Objectionable Conduct, Representation Elections, Solicitation

It’s been a quiet few weeks for the NLRB.  Since January 1, the NLRB has issued only a small number of decisions, none of which appear to be noteworthy.  There are, of course, many developments that are in process.  For example, we still do not know the full effect of the NLRB’s decision in Specialty… 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

Rhyme or Reason? Trying to Make Sense of the NLRB’s Social Media Cases

Posted in Employer policies, General Counsel, NLRA, NLRB, Non-Union employers, Protected activity, Section 7, Social Media, Unfair Labor Practices

Since the NLRB’s Office of the General Counsel (“OGC”) issued the first “Facebook” complaint in American Medical Response of Connecticut, Inc. in October, 2010, dozens of unfair labor practice charges involving social media have been filed, the Acting General Counsel has identified social media cases as a priority, and gallons of electronic ink have been… Continue Reading

NLRB: All Employers Must Post Notice Informing Employees Of Rights Under NLRA

Posted in Employer policies, NLRA, NLRB, Representation Elections, Rulemaking, Section 7

Concluding that “many employees protected by the NLRA are unaware of their rights under the statute,” the NLRB today issued a Final Rule today on Notification of Employee Rights under the National Labor Relations Act.pdf.  As of November 14, 2011, all employers falling under NLRB jurisdiction will be required to post a notice the content… Continue Reading

NLRB to Healthcare Employers Facing a Strike: You Can Ask, But Employees Don’t Have to Tell

Posted in Employer policies, Healthcare Employers, Protected activity, Section 8(g), Strikes

In a 2-1 decision issued on June 30, 2011, the NLRB clarified the interplay of the statutory notice requirements of NLRA Section 8(g) with a health care employer’s right to poll individual employees’ intention to report to work during a strike and the employer’s right to enforce neutral work rules requiring patient care employees to… Continue Reading

Settlement Reached In NLRB Facebook Posting Case

Posted in Employer policies, NLRB, Unfair Labor Practices

The infamous NLRB Facebook posting has been resolved, leaving with barely a whimper as opposed to the explosion of social media induced unfair labor practice charges every employer feared.  The NLRB announced on February 7 that settlement had been reached in the case of the ambulance driver who was discharged for posting negative comments about her supervisor on her… Continue Reading