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The International Law Firm of Fulbright &
Jaworski - Labor and Employment
Patrick Finegan and Barbara
Recent activity of the National Labor Relations Board
(NLRB) reminds non-union employers that the long arm of the National Labor
Relations Act (NLRA) reaches beyond union settings.
Indeed, on August 25, 2011, the NLRB announced a Final
Rule requiring employers to post a notice of employee rights under the NLRA,
which many management groups have claimed is biased in favor of unions. Among
other things, the notice lists the right to organize, to join and form unions,
to join together to complain about working conditions, to bargain collectively,
and to strike and picket. After that list, the "right to choose not to do
any of these activities" is mentioned. The notice also describes unlawful
employer and union conduct. The rule, which is set to take effect in November,
requires that the notice be posted physically in each covered employer's
facilities. Additionally, employers customarily posting notices to employees
regarding personnel rules or policies on an intranet or internet site will be
required to post the notice to those sites as well. The NLRB may treat failure
to post as an unfair labor practice and, in some circumstances, may extend the
normal six month statute of limitations for filing charges and/or regard the
failure to post the notice as proof of unlawful motivation for an alleged
unfair labor practice.
In addition, recent NLRB decisions demonstrate that an
employee's social media communications may be concerted activity under the
NLRA, even in a non-union employment setting. As social media is the latest,
greatest, and loudest bullhorn for employees to broadcast their opinions about
their employers to fellow employees and the world, it is significant when this
activity amounts to concerted activity that enjoys employment protection under
Review the materials from the web seminar held by this
esteemed panel, including an NLRB Regional Director, two extremely experienced
in-house counsel, and a seasoned management labor lawyer, as they debate
pressing questions including:
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& Jaworski Publications page for more analysis of legal issues.
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