In what could signify the beginning of the end for Purple Communications, Inc., 361 NLRB 1050 (2014) and guaranteed employee access to Employer computer systems for union organizing purposes, the NLRB issued a notice on August 1 inviting the filing of briefs on whether the Board should uphold, modify or overrule the decision. Under Purple … Continue Reading
Following up on the NLRB’s decision in The Boeing Company, 365 NLRB No. 154 (Dec. 14, 2017), on June 6, NLRB General Counsel Peter Robb issued a new Guidance Memorandum (18-04) detailing how NLRB Regional Offices receiving claims of improper employment policies are to interpret employer workplace rules. As we reported this past December (here), … Continue Reading
NLRB Reverses Precedent on Joint Employer Liability and Standard Governing Employee Handbooks This afternoon, just two days prior to the end of Chairman Philip Miscimarra’s term, the NLRB issued a pair of 3-2 decisions overruling significant precedent regarding joint-employer status and the legal standard governing whether workplace rules violate the exercise of Section 7 rights … Continue Reading
Since the change in Presidential administrations, the main topic has turned to what rules will a newly constituted NLRB change? With the addition of Marvin E. Kaplan the Board now has four members, which makes undoing some of the past few years a difficult task. But a four member Board also means there likely will be … Continue Reading
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
The intersection 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
This week federal labor agencies have launched two proposed rulemakings of significance. Both may have a substantial impact on the substance and process of employer communications with employees on the issue of union representation. First, the U.S. Department of Labor, Office of Labor-Management Services, announced a notice of proposed rule making revising the so-called “persuader” regulations. … Continue Reading
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
