Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting grievances during a union organizational campaign and accompanying the solicitation with a promise, express or implied, to remedy such grievances. However, it is not always clear what … Continue reading this entry Tags: Labor Unions,National Labor Relations Act,National Labor Relations Board,Union Campaign
Many of our readers are no strangers to the ongoing legal battle over the enforcement of arbitration agreements containing class action waivers. While the National Labor Relations Board (NLRB) has steadfastly maintained its position that such agreements interfere with employees’ rights to engage in protected concerted activity under the National Labor Relations Act (NLRA), federal … Continue reading this entry Tags: appellate courts,National Labor Relations Act,National Labor Relations Board,NLRB,U.S. Supreme Court
A well-conducted investigation can reduce workplace conflict, promote job satisfaction and inclusion, and can also help shield you from legal liability. However, the converse is also true — a botched investigation can have enormous implications, both from a business and legal perspective. Fortunately, there are a number of simple steps you can take to ensure … Continue reading this entry Tags: Internal Investigations,National Labor Relations Act,NLRA,Workplace Investigations
We have frequently commented on the National Labor Relations Board’s (NLRB) expansion and creation of sweeping protections to employees engaging in union organizing and other activities protected under the National Labor Relations Act (Act). As but one example, we recently commented on the Board’s concerning decision to consider offensive racial comments protected concerted activity under the … Continue reading this entry Tags: National Labor Relations Act,National Labor Relations Board,NLRB
The National Labor Relations Act protects employee solicitation of other employees and distribution of literature to form or join a union or to engage in other “concerted” activities. However, employers have the ability to regulate such solicitation and distribution in the workplace under certain circumstances. In general, employers can permissibly have policies that prohibit the following:… Continue reading this entry Tags: National Labor Relations Act
Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance processing or labor negotiations, are sometimes protected from discipline even though their conduct would otherwise normally result in discipline under their employer’s policies. For … Continue reading this entry Tags: National Labor Relations Act,National Labor Relations Board,NLRB
We have not exactly been shy in expressing concern regarding many of the National Labor Relations Board’s (NLRB) recent actions, nor hesitant to opine that its actions appear purposefully designed to advantage unions and create expansive new employee rights from the language of the 80-year-old National Labor Relations Act of 1935 (NLRA). Much of the recent criticism has centered on … Continue reading this entry Tags: National Labor Relations Act,National Labor Relations Board,NLRA,NLRB
Private colleges and universities are the latest to feel the effects of the more union-friendly National Labor Relations Board (NLRB). In a recent ruling, the Board concluded in unprecedented fashion that it has jurisdiction under the National Labor Relations Act over non-tenure-eligible faculty at private religious institutions who are not performing a specific religious function, … Continue reading this entry Tags: National Labor Relations Act,National Labor Relations Board
Your intentions may be pure, but your actions during or after union organizing activity could lead to your company running afoul of the National Labor Relations Act (the Act) according to the National Labor Relations Board (NLRB). The NLRB has recently emphasized this message in yet another 2-1 decision ruling that a nursing home employer’s … Continue reading this entry Tags: National Labor Relations Act,National Labor Relations Board
Posted in Labor Unions; National Labor Relations Board
Posted in Discipline and Termination; Labor Relations
Posted in Class Action Litigation; Labor Relations
Posted in Labor Relations