The lawfulness of employer's social-media policies under
the National Labor Relations Act (NLRA) continues to be a hot topic. Although
the position of the National Labor Relations Board (NLRB) continues to be
hostile towards these policies. And...
N. Peter Lareau uses O.G.S.
Technologies, Inc., as a vehicle for examining Board and judicial precedent
about an employer's obligation to bargain over a decision to subcontract work
currently performed by employees represented by a labor organization...
On May 7, 2013, the United States Court of Appeals for
the District of Columbia struck down the National Labor Review Board's
("NLRB") notice rule, which requires employers under its jurisdiction
to display posters notifying employees...
Last December , the NLRB proposed a rule requiring employers
to post notices informing their employees of their rights as employees under
the National Labor Relations Act. This morning, the NLRB published its Final
Rule [pdf] mandating this posting...
In 2001, the NLRB held that a
hotel/casino had violated the NLRA by refusing to allow Ark's off-duty
employees to handbill the hotel's customers at the entrance to the hotel and at
the entrances to Ark's restaurants. In March 2011, the...
On March 15, 2012, the U.S. Chamber of Commerce and the
Coalition for a Democratic Workplace (CDW) filed a motion to intervene with the
U.S. Court of Appeals for the D.C. Circuit in Noel Canning v. National Labor
Relations Board , Case No. 12-1115...
Another day, another NLRB development. April 30, 2012 was
supposed to be a big day for the NLRB. Both the poster
rule and the new election rules were to take effect . After some litigation
woes, the NLRB
put the poster rule on ice . Now, the election...
A quartet of advice memos released by the NLRB's Office of the General Counsel over the past weeks suggests that the NLRB may be backing of its extreme protections of employee social media posts as protected, concerted activity.
WASHINGTON, D.C. — The U.S. president has the power to fill vacancies on the National Labor Relations Board during both inter-session and intra-session recesses, the U.S. solicitor general told the U.S. Supreme Court this morning during arguments...
The NLRB continues its assault on garden-variety employment policies, issuing three decisions over the last 10 days, each of which concluded that facially neutral employment policies violated employees' rights to engage in protected concerted activity...
This post has been a long time coming... but at long last
it's the final post in the four-part
series on the NLRB's social
media memo . This post will address the NLRB's position on (what it views
as) overly broad social media policies...
by Jana P. Grimm
For the last five years, the National Labor Relations Board (NLRB) has been aggressively reviewing and issuing decisions regarding employer rules and policies and whether such rules and policies violate Section 7 of the National Labor...
by Jami K. Suver
On December 15, 2014, slightly less than three years after the NLRB’s first thwarted attempt, a final rule (the “2014 Final Rule”) reducing the time between the filing of an election petition and holding workplace...
At long last, the Supreme Court's opinion in NLRB v. Noel Canning is here ! It's a long opinion and will take some time to analyze, but here's my first take: The Court is unanimous in concluding that Obama's NLRB recess appointments were...
by Todd L. Sarver
In my last blog post, which can be found here ,
I observed that it seemed the NLRB had "jumped the shark" and lost its
relevance. I suggested that one way to restore some legitimacy to the NLRB was
to appoint true "neutral"...