Tag: NLRB

Possible Impact of New NLRB on Employers

by Brian R. Garrison By now, most everyone has heard about organized labor’s biggest priority, the Employee Free Choice Act (EFCA) — an unprecedented attempt by labor unions to organize non-union employers. But while the EFCA has garnered the lion’s share of media attention, a recent less publicized change may have a similar impact on […]

Three NLRB Nominations Announced by Obama Administration

Late Friday, July 9, the White House announced it had sent the nominations of Craig Becker, Mark Gaston Pearce, and Brian Hayes to be members of the National Labor Relations Board (NLRB) to the U.S. Senate. If confirmed, the NLRB would have a full, five-member board for the first time since December 2007. The current […]

D.C. Circuit Court: NLRB Can’t Render Decisions with Only 2 Members

Although two other courts of appeals had previously decided otherwise, on May 1, the District of Columbia Circuit Court of Appeals ruled that a two-person National Labor Relations Board (NLRB) could not render decisions in NLRB cases. The case in question was an appeal of the NLRB’s finding that management at Laurel Baye, a nursing […]

President Obama Announces NLRB Nominations

President Barack Obama announced his intent to nominate Craig Becker and Mark Pearce to the National Labor Relations Board (NLRB) in a White House press release issued Friday, April 24, 2009. Congress created the NLRB in 1935 to administer the National Labor Relations Act (NLRA), the principal law that governs relations between labor unions, employers, […]

A New Day for Union Relations: EFCA, Obama, and the NLRB

by Mark I. Schickman We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move all but eliminates […]

Obama Administration’s Changes at DOL, EEOC, and NLRB

The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration. Not surprisingly, the changes that already have occurred suggest that we […]

Employers can restrict use of company email for union activities

The National Labor Relations Board (NLRB) has ruled 3-2 that an employer didn’t violate federal labor relations law by having a policy that barred employees from using the company’s email system for union activities and other non-job-related solicitations. Employers have basic property rights to regulate and restrict the use of company property, including an email […]

Unions: NLRB Says Employers Can Restrict Use of Company Email for Union Purposes

In an important development, the National Labor Relations Board (NLRB) has ruled 3-2 that an employer didn’t violate federal labor relations law by maintaining a policy that barred employees from using the employer’s email system for union activities and other non-job-related solicitations. Join us this fall in San Francisco for the California Employment Law Update […]

Union Card Checks and Neutrality Agreements

by Robert Vercruysse and Gary Fealk Labor unions may be on the decline, but they’re once again ramping up organizing efforts, especially in stronghold states. More and more unions are seeking to avoid the traditional National Labor Relations Board (NLRB) election process and are requesting employers to enter into card-check and neutrality agreements. HR Guide […]

Employee Handbooks: Rule Banning Employee Fraternizing Gets Struck Down; What Employers Need to Know

To lower the risk of getting sued for sexual harassment, many companies have adopted nonfraternization policies, often focused on ensuring that romantic relationships, particularly those involving supervisors and their subordinates, don’t create a conflict of interest. Sometimes these policies are designed to avoid conflicts of interest with customers.