A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.” We noted, for instance, that the Board recently held that an employee’s use of derogatory gender-based comments may not not render a protected outburst “unprotected,” even if
Non-Union employers
NLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit
By Mark Theodore on
Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights to unionize. The notion of posting such a notice was considered…
Employer Merely Granted Employee’s Wish To Be Terminated, NLRB Div. Of Advice Rules
By Mark Theodore on
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…
DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA
By Mark Theodore on
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…
NLRB Division, Some “At-Will” Clauses Ok
By Mark Theodore on
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…
Micro Union Case Hits Federal Court Of Appeals
By Mark Theodore on
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 …
NLRB Reveals More Details To Proposed Election Rule Changes
By Mark Theodore on
As 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…
NLRB To “Vote” On Quickie Election Rules November 30
By Mark Theodore on
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…