While most Americans were out preparing for Christmas last week, the NLRB had some presents of its own. For employers, the Board postponed its posting rule (which created a new unfair labor practice and potentially extended the statute of limitations) from January 31 to April 30, 2012. For unions, the Board issued a decision that
NLRB Postpones Posting Requirement Until January 31, 2012
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The NLRB has postponed the effective date for its new union organization rights posting requirement until January 31, 2012. In its press release, the Board states that it decided to postpone the requirement, “in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.” Further…
New NLRA Poster Available; Posting Rule Challenged in Court
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The NLRB published today its new poster regarding employees rights to form labor unions under the NLRA, mentioned in our prior blog posting. A copy is available here.
Meanwhile, the National Association of Manufacturers has filed a lawsuit in federal court challenging the rule, stating that “[t]he Board’s promulgation of the Rule is in…
Final Rule: NLRB Requires Private Employers to Notify Employees about Unionizing
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Yesterday, the NLRB published the final version of its new rule requiring most private employers to post a notice to employees informing workers about their rights to form a labor union. The posting is similar to the one that government contractors are already required to post. (See DOL Fact Sheet).
The new rule is…
Health of patients not “core” to mission of hospital according to NLRB
By Keith A. Ashmus on
In 1987, the NLRB held that a newspaper did not have to bargain with a union over its ethics policy, on the grounds that ensuring public confidence in its news reporting was a “core function” of the paper. Peerless Publications, 283 NLRB 334 (1987). In 2006, Virginia Mason Hospital in Seattle unilaterally implemented an…
Term of Chairman Liebman ends; Member Mark Gaston Pearce Named as new Chairman
By Keith A. Ashmus on
Posted in Labor Management Relations, NLRB
Chairman Wilma Liebman’s term on the National Labor Relations Board ended last Saturday, August 27th. She was first named to the Board by President Bill Clinton in 1997, and was reappointed in both 2002 and 2006 by President George W. Bush. President Obama named her Chairman on January 21, 2009, his first full day in…
Latest from NLRB on Social Media Posts as Concerted, Protected Activity
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Like most every other business and agency today, the NLRB is staying on top of social media. Today, the Board’s acting general counsel issued a summary memo describing recent Board cases dealing with employee postings on Facebook and Twitter, as well as employers’ social media policies. A copy of the summary is attached here.…
Is the NLRB Going to Second-Guess Management Moves After Boeing?
By Keith A. Ashmus on
Posted in Labor Management Relations, NLRB
This latest effort of the General Counsel to expand the influence of the Board on corporate decisions as to where to place new facilities inside the United States is likely to have a serious backlash. Employers should not change their current plans.
Continue Reading Is the NLRB Going to Second-Guess Management Moves After Boeing?
Labor Department Threat to Attorney-Client Confidentiality
The Department of Labor has been taking aggressive steps to prevent employers from exercising their rights to provide information to their employees during union campaigns. Under the Labor-Management Reporting and Disclosure Act, employers must disclose the amounts they spend on consultants either attempting to influence their employees about the choice of unionization or providing information…
NLRB Settles Facebook Complaint – Should Employers Revise Their Electronic Communication Policies?
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The NLRB has now settled the “Facebook” complaint that has gained great attention. See Cleveland.com Article. In NLRB v. American Medical Response of Connecticut, Inc., the Board took the position that the employer violated the National Labor Relations Act when it terminated an employee for making nasty statements about her supervisor on Facebook. The NLRB’s rationale…