A social media policy constitutes an unfair labor practice where it restricts protected speech by broadly prohibiting “negative” employee speech online, restricts employee speech online during work hours (without indicating that protected speech could be exercised during breaks), and requires preclearance before employees could speak publicly or to government officials. The employer’s social media policy … Continue reading
Employers who refuse to furnish a Union with certain information that is necessary and relevant to the Union’s role as the exclusive collective-bargaining representative of the unit employees violate their duty to bargain collectively and in good faith with the Union. An employer must grant a Union’s written request for addresses, phone numbers and work … Continue reading
An employer’s use of implied benefits to an employee, coupled with the threat of discharge and reprisals in an effort to coerce him into refraining from union activity, violates the National Labor Relations Act (“the Act”). At an arbitration hearing between the union and employer, a new employee failed to testify on behalf of the … Continue reading
A union that is not seeking a recognitional or organizational objective is not violating section 8(b)(7)(C) of the National Labor Relations Act (“NLRA”), when it pickets a business in excess of the 30-day statutory limit. Walmart Stores, Inc. filed unfair labor practice charges against Making Change for Walmart and Organization United for Respect (“OUR”) Walmart, subsidiaries … Continue reading
Employers may not terminate employees for attempting to organize, even if the employer believe that the employees are undocumented workers. In early 2009, the Flaum Appetizing Corporation terminated seventeen employees and refused to pay back wages, citing the employees’ undocumented status. The Board held that while Flaum may not be responsible for back pay should … Continue reading
Where an employee is disciplined for misconduct purportedly unrelated to protected union activity, the employee must show that there was an improper motivation for the discipline and that the employer would not have taken the same action without the improper motivation. A hospital employee was suspended and ultimately fired for alleged misconduct connected with her … Continue reading
Employers who issue broad and routine instructions prohibiting employees from discussing internal investigations need to demonstrate that confidentiality is necessary to further a legitimate business interest, otherwise, the employer could be found to be in violation of Section 8(a)(1) of the National Labor Relations Act (“NLRA”). Banner Health System routinely instructed employees involved in internal … Continue reading
An employer’s decision to lock out striking and crossover workers, while allowing full-time replacement employees to work, can be found to have a discriminatory purpose in violation of the National Labor Relations Act. While an employer and union were negotiating a successor collective bargaining agreement, the union went on strike, and when it offered to … Continue reading
By Jennifer Girard Boeing’s recently opened plant in North Charleston, South Carolina is being targeted by the International Association of Machinists and Aerospace Workers (IAM) to unionize its workers. But IAM faces an uphill battle. The South Carolina plant, Boeing’s second U.S. final assembly line, opened in July 2011 amidst controversy. In March 2010, the … Continue reading
True Value should take back the 2011 Supplier of the Year Award it gave North American Salt, says United Steelworkers (USW) President Leo Gerard, because North American operates a salt mine in Louisiana that has received safety and health citations for serious violations and has been shut down temporarily by the Mine Safety and Health … Continue reading
