Category Archives: NLRB

National Labor Relations Board Rejects Attempt to Expand Weingarten Rights

The National Labor Relations Board (“NLRB”) issued a decision this year that serves as a reminder to employers about their responsibilities when an employee requests union representation during an investigatory interview (referred to as “Weingarten rights”).  See YRC Inc., d/b/a YRC Freight, 360 NLRB No. 90 (April 30, 2014).  In YRC Freight, the NLRB reiterated that an employer does not violate an employee’s Weingarten rights or rights under the National Labor Relations Act (the “Act”) when it discontinues an interview … Continue reading

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NLRB – Average Time Between Petition Filing and Union Election is Just 23 Days.

The NLRB recently published the average time between the filing of a petition for an election and the election date under the NLRB’s new “quickie” election rules.  The average time (23 days) has decreased by two weeks in comparison to the prior election procedures.  This leaves significantly less time for companies to campaign against unions.  The election rules make it even more imperative for companies to promptly respond to unionization efforts in their workplaces.  For guidance on lawful campaign strategies, … Continue reading

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COURTS ORDER REINSTATEMENT FOR EMPLOYEES WHO ENGAGED IN OFFENSIVE AND PROFANE SOCIAL MEDIA CONDUCT TOWARDS THEIR EMPLOYER

Over the last several years, the National Labor Relations Board (“NLRB”) has issued several decisions overturning employer discipline for employee conduct on social media.  In a recent decision by the Second Circuit Court of Appeals, the federal court upheld the NLRB’s decision and ordered reinstatement for employees who posted a profane comment and approved an offensive post about their employer.  This appeals court decision contains some important warnings for employers who are considering discipline for employees’ negative social media conduct. … Continue reading

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Employers Should be Prepared for Union Organizing Under New “Quickie” Election Rules

The National Labor Relations Board (NLRB) has recently issued its final rules regarding union representation case procedures.  These rules are commonly referred to as quickie election rules. These quickie election rules seek to expedite the election process.  They limit an employer’s ability to respond to union campaigns, effectively ambushing an unprepared Employer. BACKGROUND The NLRB is the federal agency responsible for governing private sector employer-union relations.  Part of its charge includes conducting elections for labor union representatives.  Representation elections may … Continue reading

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NLRB STRIKES DOWN EMPLOYER CONFIDENTIALITY AGREEMENT

Recently, in Battle’s Transportation, Inc. and Jerome Kearney, the National Labor Relations Board (“NLRB”) ruled that an employer’s confidentiality agreement was an unlawful restriction on employee rights. The confidentiality agreement barred employees from discussing “human resources related information” and “investigations by outside agencies.”  The NLRB held the agreement was overboard because employees could reasonably construe those phrases to restrict employees from discussing their terms and conditions of employment or from discussing protected activity such as NLRB complaints or investigations. Employers should … Continue reading

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NLRB Provides Legal Guidance on Weingarten Rights

A recent opinion issued by the NLRB’s Division of Advice (“Advice”) may effect employers with a unionized workforce.  Advice recently concluded that an employer did not violate an employee’s Weingarten rights when the employer searched a company vehicle driven by the employee.  Under Weingarten, an employee being interviewed may be entitled to union representation at the investigative meeting, if certain conditions are met.  The NLRB’s Division of Advice concluded that the vehicle search did not constitute an investigatory interview.  Thus, … Continue reading

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