Category NLRB

Banner Estrella Medical Center

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 […]

Dresser-Rand Co. & Iue-Cwa, Afl-Cio, Local 313

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 […]

One Small Step Toward Unionizing

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 […]

AFL-CIO: USW: Salt Mine Owner Violated Worker Safety, Should Not Get Award

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 […]

NLRB Takes Aim At Employment-At-Will Clauses In Employee Handbooks

As discussed in previous postings on this site, the National Labor Relations Board (NLRB) is devoting a significant amount of attention to “concerted activity” under Section 7 of the NLRA, and is aggressively working to expand the “concerted activity” definition.  According to two recent NLRB decisions, requiring an employee to sign an “at-will” acknowledgement form […]

The NLRB Releases Website Vowing To Fight For Employees’ Rights

Over the past few months, the National Labor Relations Board (NLRB) has been hard at work interpreting the National Labor Relations Act (NLRA) commenting on everything from social media policies to arbitration agreements.  Recently, the NLRB undertook a major educational effort to educate employees about their rights under the NLRA and vowing to fight for […]

NLRB Union Election Rule Held Invalid

A federal judge recently ruled that the National Labor Relations Board (“NLRB” or “the Board”) rule designed to expedite union elections is invalid since the rule was not approved by a quorum of the Board. In late December, the NLRB published a new rule that changed the procedures for private sector union elections by, among […]

NLRB Union Poster Rule Struck Down in U.S. District Court

 Judge David Norton of the U.S. District Court of South Carolina ruled that the National Labor Relations Board (NLRB) exceeded its congressional authority when it issued a rule that required employers to post notices that detail workers’ right to unionize, and penalized non-compliant employers. The NLRB rule requires employers to post an 11×17 inch notice […]

NLRB Decides That Social Media Rule at G4S is “Too Restrictive”

In the era of social media, the boundaries between public and private information seem less clear.  Corporate giants like Google save and track the most personal information in the name of profitability.  Meanwhile, individual users share more and more information with the general public—including everything from the inane to the profane. With so much information […]

Stop & Shop Anti-Social Media Rules Hurts Unions

Where the law protects workers’ rights to organize, rules written in vague language create confusion and do not allow the law to carry out its purpose. This phenomenon can be observed in the introduction of social media to labor and employment contexts. A key element in worker organization is communication and social media provides yet […]