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30 Oct 2014 Advocacy of Insubordination on Facebook Is Concerted But Not Protected Activity

  Finally, there’s a breath of common sense in an NLRB Facebook decision. The board this week upheld the dismissal of a ULP against a neighborhood center which had fired two workers for a profanity-laced discussion on Facebook in which they advocated various acts of insubordination. Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014).   It is critical to note that it was not the profanity that directed the board’s decision. It was the…

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29 Oct 2014 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 20 – 24, 2014

The Summary of NLRB decisions for the week of October 20-24, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions and reorganizations.More…

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28 Oct 2014 I’m A Rat, But I’m Just Chillin’

When is the inflatable rat not disruptive? Apparently, when he appears at a job site in New York where a non-union contactor is employed. Then he’s just “Chillin.” A federal judge in New York this week determined that he could not enter an injunction against the use of the rat even though the employer involved had a contractual provision that prevented “strikes, walkouts, picketing, work stoppages, slowdowns, boycotts or other disruptive activity of a similar nature…

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23 Oct 2014 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 14 – 17, 2014

The Summary of NLRB decisions for the week of October 14-17, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions and reorganizations.More…

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16 Oct 2014 NLRB WEEKLY SUMMARY OF DECISIONS, OCTOBER 6 – 10, 2014

The Summary of NLRB decisions for the week of October 6-10, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions and reorganizations.More…

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14 Oct 2014 UAW Charged with Coercion in Refusing to Allow Member to Resign

Reuters is reporting that a Michigan truck driver has filed an unfair labor practice charge against the UAW after refusing to allow the driver to exercise her right to quit the union and stop paying dues. Even though Michigan is now a right to work state (see our previous coverage), the union refused the driver’s request to quit the union.   The driver sent a letter to officials at the UAW local in Dearborn, Michigan,…

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10 Oct 2014 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 29 – October 3, 2014

  The Summary of NLRB decisions for the week of September 29 – October 3, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for…

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07 Oct 2014 Purple Haze – NLRB Delays Decision On Employee Use of Company Email Systems

  Employers will have to wait a while longer to see if the NLRB will overturn its existing precedent allowing employers to bar employees from using the company email system for non-job-related solicitations. Such a prohibition is critical in the context of a union organizing campaign and the Board has followed this rule since its Register Guard decision in 2007.   In the recent Purple Communications, Inc. case, the ALJ relied on Register Guard and dismissed…

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07 Oct 2014 NLRB WEEKLY SUMMARY OF DECISIONS, SEPTEMBER 22-26, 2014

  The Summary of NLRB decisions for the week of September 22-26, 2014, is now available on the NLRB’s website. Keith BrodieKeith J. Brodie is a partner in Barnes & Thornburg LLP’s Grand Rapids, Michigan office. He devotes his practice exclusively to labor and employment law. He is a practitioner and counselor to his clients on labor matters including collective bargaining, union organizing, NLRB unfair labor practice charge defense, and labor strategies for mergers, acquisitions and…

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06 Oct 2014 Another One Bites the Dust: NLRB Now Rules Certain “No-Disruption Rules” Are Unlawful

  We’ve all seen the immense scrutiny coming down on employer personnel policies by the NLRB in recent years, and a new “no-no” as far as the Board is concerned can be added to the list: “no workplace disruption policies.” In Purple Communications, Inc., 361 NLRB No. 43 (2014), the NLRB took a look at a hearing impaired communication services company that maintained a rule that prohibited employees from “Causing, creating, or participating in a…

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