Tag: NLRB

Disciplinary Meetings: New Ruling Sheds Light on When Employees Are Entitled to Union Representation

A union worker is about to be called into a monthly performance meeting. He asks if he needs union representation, and you say no. Then, because of something that occurs during the meeting, you terminate him. Were you wrong not to put off the meeting until he had representation? We’ll review a recent National Labor […]

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News Notes: NLRB Removes Union Protection In Company Takeovers

The National Labor Relations Board has overturned one of its prior rulings that gave unions some protection from challenge when a nonunionized employer acquires a unionized company. Under the previous rule, unions could bargain with the new, nonunion employer free from challenge for a reasonable length of time after the takeover. Now, the NLRB has […]

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News Notes: High Court Strikes Down NLRB Standard For Employers Suing Unions

The U.S. Supreme Court has ruled that the National Labor Relations Board erred when it found BE&K Construction Co. guilty of unfair labor practices for suing several unions to stop their campaign against the company. BE&K sued after the unions picketed and distributed leaflets to force the company to build a power plant using only […]

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Immigrant Workers: Supreme Court Says Employers Can’t Be Ordered To Pay Back Wages To Illegal Workers; Practical Impact

When the National Labor Relations Board determines that a worker’s firing violated federal labor laws, it generally orders the employer to reinstate the worker and pay back wages. But what if the worker wasn’t legally permitted to work in the United States in the first place? The U.S. Supreme Court previously ruled that the NLRB […]

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News Notes: Nonunion Workers’ Right To Bring A Co-Worker Upheld

We previously reported on a ruling by the National Labor Relations Board that extended to nonunion employees the right to bring a co-worker to a meeting that may have disciplinary consequences. Now a federal appeals court has upheld the NLRB ruling, expanding to nonunion employees a right that has been recognized for union workers since […]

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News Notes: NLRB Ruling Makes It Harder To Withdraw Union Recognition

In an important ruling for unionized employers, the National Labor Relations Board has overturned 50 years of precedent and changed the rules for employers who wish to withdraw recognition of a union that may have lost majority support. Under the old rule, an employer could withdraw recognition based on a good-faith belief that the union […]

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Union Organizing: Employer Ordered To Bargain Even Though Union Lost Election; What You Can And Can’t Do During An Organizing Campaign

Have your employees been grumbling about wanting better pay and benefits? If so, you could be headed for a union-organizing drive, and it’s critical that you know what the law allows you to do. A recent case involving an employer that promised better pay and handed out perks to employees on union election day demonstrates […]

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Disciplinary Meetings: Nonunion Employees Win Right To Have Co-Worker Attend; Know Your Options

Unionized workers have long had the right to bring a union representative with them to a disciplinary hearing. Now, in a ruling that could complicate investigations into sexual harassment and other workplace misconduct in nonunion companies, the National Labor Relations Board has ruled that nonunion workers have the same right to have a fellow employee […]

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Terminating And Disciplining Employees: Employer To Pay Four Years’ Back Wages For Firing One-Man Striker; Important Tips For Avoiding Labor Law Problems

If an employee makes unjustified complaints about wages and hours, you may be tempted to brand the person as a troublemaker. You might even take disciplinary action if the griping continues. But a new National Labor Relations Board (NLRB) ruling cautions that even a one-employee protest can be a protected activity under federal labor law-landing […]

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Union Organizing: Employer To Pay $1.3 Million For Firing Workers Before Election; Do You Know Your Rights?

Have your employees become discontent, asked for higher pay and better benefits or grumbled about recent management changes? If so, beware-it’s these workers who are most likely to become interested in forming a union. And if this happens, it’s critical that you know exactly what the law allows you to do in response to their […]

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