A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB’s rule has been controversial from the start as it didn’t just require the posting… Continue Reading
Category Archives: Non-Union employers
Subscribe to Non-Union employers RSS FeedNLRB 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 PracticesThe 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
Micro Union Case Hits Federal Court Of Appeals
Posted in Bargaining units, NLRA, NLRB, Non-Union employers, Representation Elections, Rulemaking, Section 9(b), Section 9(c)(5)One of the NLRB’s most sweeping decisions in decades, Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (August 26, 2011).pdf, has reached a federal appeals court, as the employer seeks to have the decision overturned. As we have previously discussed, the Board in this case established the micro union standard, where the bargaining unit sought by a… Continue Reading
NLRB Reveals More Details To Proposed Election Rule Changes
Posted in Bargaining units, General Counsel, NLRA, NLRB, Non-Union employersAs we reported earlier, the NLRB announced it was ready to vote on some proposed amendments to the rules concerning representation elections. There was no indication in the original announcement of about the substance of the changes. On November 29, 2011, NLRB Chairman Mark Pierce disclosed more information in the form of a Board Resolution…. Continue Reading
NLRB To “Vote” On Quickie Election Rules November 30
Posted in Bargaining units, Due Process, NLRA, NLRB, Non-Union employers, Representation Elections, Rights Poster, Rulemaking, Section 9(b), Section 9(c)(5)The NLRB announced today that it was going to hold a vote on its proposed regulations to upend the well established and longstanding representation case procedures. According to the NLRB’s announcement today, the vote is over “whether to adopt a small number of amendments” proposed earlier this year. This may well be the understatement of… Continue Reading
Government Tightens Squeeze On Contractors, Publishes Final Persuader Rule For DoD, NASA and GSA Contracts
Posted in Advice Exemption, Department of Labor, Labor Relations Consultants, NLRB, Non-Union employers, Persuader Rules, Rights Poster, RulemakingContracting with the Department of Defense (“DoD”), National Aeronautics and Space Administration (“NASA”) and General Services Administration (“GSA”) will become more burdensome after December 2, 2011, according to final regulations published today. The regulations, which were proposed on April 14, 2010, and were adopted without any changes (no surprise there), deem certain labor relations costs unreimbursable… 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 PracticesSince 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 General Counsel Allows Discharge for Inappropriate “Tweeting”
Posted in General Counsel, NLRB, Non-Union employers, Protected activity, Section 7, Social MediaEmployee use of social media remains at the forefront of issues at the National Labor Relations Board. Coming on the heels of the NLRB General Counsel’s decision to issue a complaint against an employer who fired an employee for her postings on Facebook (the first time such on-line activities were considered “protected, concerted activity” by the… Continue Reading
The NLRA and the Non-Union Employer: Proposed Union Rights Poster
Posted in NLRB, Non-Union employers, RulemakingLate last year, the National Labor Relations Board announced that it was planning on issuing a new rule that would require all employers (even those that are not currently unionized) to put up a poster detailing all of the rights (including the right to join a union) guaranteed to employees under the National Labor Relations Act. This was the first proposed use of administrative… Continue Reading