Related to: National Labor Relations Board

NLRB Division of Advice Uses Common Sense In Considering Legality of Workplace Rules

The National Labor Relations Board’s (“NLRB”) Division of Advice (“Division”) recently considered a union’s challenge to language in a business ethics policy maintained by aircraft manufacturer, Boeing Company. In a departure from the NLRB’s recent anti-employer guidance regarding employment policies, the Division issued an opinion upholding Boeing’s policy, which specifically forbade workers from engaging in…

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President Obama’s Recess Appointments to the NLRB Held Unconstitutional

Today, a three judge panel from the Court of Appeals for the D.C. Circuit unanimously ruled that President Obama did not have the power to make three recess appointments last year to the National Labor Relations Board (NLRB). The Court rejected President Obama’s argument that he acted properly in the making the NLRB appointments because…

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NLRB Abolishes Per Se Exemption for Disclosure of Witness Statements to Union

In yet another reversal of long standing precedent, the National Labor Relations Board (“NLRB” or “Board”) recently issued a decision that does away with the bright line rule protecting witness statements taken in the course of an internal workplace investigation from disclosure to a union. American Baptist Homes of the West, 359 NLRB No. 46…

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NLRB Overturns 50 Years of Settled Law on Dues Checkoff

The National Labor Relations Board (“NLRB” or “Board”) recently issued a significant decision that overturned 50 years of settled law regarding an employer’s duty to honor a union dues checkoff provision contained in a collective bargaining agreement after that agreement has expired. In WKYC-TV Inc., 359 NLRB No. 30 (12/12/12), the Board overturned Bethlehem Steel,…

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NLRB Advice Memo Addresses Legality of Non-Compete and Moonlighting Policies

The National Labor Relations Board’s (NLRB) Division of Advice recently issued a memorandum addressing whether an employer’s requirement that employees sign employment agreements containing non-compete and anti-moonlighting provisions violated the National Labor Relations Act (NLRA). The circumstances involved a non-union company by the name of Thermal Tech, Inc., which required newly hired employees to sign…

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NLRB Finds Certain Mandatory Arbitration Agreements Illegal

The National Labor Relations Board (NLRB) recently issued a decision (D. R. Horton, Inc. and Michael Cuda., Case 12-CA-25764) in which it determined an employer had committed an unfair labor practice by requiring employees to sign a mandatory arbitration agreement that prevented them from bringing a class action against the employer in any forum. The case involved D.R.…

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NLRB Expands Employee Protections for Complaints to Management

The National Labor Relations Board (NLRB) recently issued a decision with significant implications for union and non-union employers alike. The NLRB’s decision in Parexel International LLC, 356 NLRB No. 82 (1/28/11) greatly expanded the definition of “protected concerted activity” under the National Labor Relations Act (NRLA). Under Section 7 of the NLRA, employees have a…

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NLRB Alleges Employer Unlawfully Discharged Employee for Facebook Posting

Unionized and non-unionized employers alike should take notice of a complaint issued recently by the National Labor Relations Board (NLRB), alleging that an employer unlawfully terminated one of its employees for criticizing her supervisor on Facebook.   According to the NLRB’s complaint, American Medical Response (AMR), an ambulance service in Connecticut, required employee Dawnmarie Souza…

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“Bannering” Held Permissible Under NLRA’s Secondary Boycott Provisions

Last week the National Labor Relations Board (NLRB) released a decision that could lead to a significant increase in union activity related to secondary boycotts. In a 3-2 decision split along partisan lines, the Board’s Obama-appointed majority held that the display of a stationary banner outside the business of a secondary employer is not coercive,…

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