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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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13 Aug 2014 1 Is NOT The Loneliest Number…At Least At The NLRB

  Sticking to its recent trend of overturning employer-friendly precedent, the NLRB issued a ruling on Monday of this week that greatly expands the definition of “protected activity” under the NLRA. Historically, in order for conduct/activity to be protected under the NLRA, an employee had to show that he or she was engaging in “concerted” activity (i.e., “group action”) for “mutual aid and protection” of others rather than solely for the benefit of him or…

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18 Jun 2014 NLRB Again Overturns Discharge Of Employee Who Engaged In A Profanity-Laced Argument With A Manager In Front Of Customers

  This week the NLRB again overturned the discharge of an employee who engaged in a profanity-laced argument with a manager in the presence of customers. At issue in the case was an employee of Starbucks who was a known union supporter during a union campaign. The employee engaged in several acts of egregious misconduct in the span of just several months. The first incident occurred when the employee asked a manager for assistance during…

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19 May 2014 “Picture Perfect”: NLRB ALJ Finds Company’s Photographing Of Employees Holding Demonstrations Inside Plant Illegal Along With Its Policy Limiting Employee Photography

  On Thursday, May 15, 2014, a NLRB Administrative Law Judge (ALJ) ruled an employer violated the National Labor Relations Act (Act) by photographing hundreds of employees who were conducting in-plant marches in support of their contract demands that were at the center of pending successor contract negotiations between a union and the company. The company argued its photography was justified because the employee marches disrupted production and it needed to monitor the situation. The ALJ, however, rejected the employer’s…

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02 May 2014 Can Your Employees Use Your Company’s E-Mail System To Solicit Support For A Union? The NLRB Is Going To Weigh In…

  On April 30, 2014, the NLRB signaled it may overturn a 2007 Bush-Board decision, Register Guard, that generally allows employers to prohibit employees from using work e-mail systems for non-business purposes, including union organizing purposes. In a pending case in California involving allegations against employer Purple Communications, Inc., an Administrative Law Judge noted the NLRB’s decision in Register Guard and ruled Purple Communications did not violate the NLRA by having a policy that prohibited…

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30 Apr 2014 NLRB To Include Hyperlinks In Notice Postings

  Last week the NLRB granted a request by a Teamsters local union to modify the Board’s standard notice language in a case where the employer was found to have violated the NLRA. Specifically, the NLRB agreed to inform employees that a copy of the full decision and order is available on the Board’s website and to provide a direct “hyperlink” to the decision. The standard language previously did not inform employees where they could…

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29 Apr 2014 NLRB Continues To Impose Expansive Penalties On Employers

Continuing its trend of issuing “non-traditional” Board remedies against employers who have been found to have violated the NLRA, the Board recently ordered an employer to reimburse a union for six months’ worth of “negotiating expenses”, which included salaries, travel expenses and per diems. The case involved a “first contract” so the NLRB further extended the certification year (which precludes the fling of any decertification petition by employees) by 12 months.   At issue in…

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26 Mar 2014 CRS Report Finds More Private Sector Workers Covered By Collective Bargaining Agreements Than Public Employees

A March 2014 report issued by Congressional Research Services (CRS) found that more private sector employees were covered by collective bargaining agreements (CBA) in 2013 than public sector employees – a reversal from a trend that started in 2009 in which unionized public sector workers started to outpace their private sector counterparts. According to the report, 8.1 million private sector workers were covered by CBAs in 2013 compared to 7.9 public sector employees (in 2009,…

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26 Feb 2014 NLRB Schedules Public Meeting On Proposed Election Rules Changes

According to a notice published in the Federal Register on Feb. 26, 2014, the NLRB is scheduling a public meeting for April 10-11, 2014 on its proposed changes to union election procedures. The meetings will be held at the NLRB’s Washington, D.C., offices. As previously noted on this blog, the NLRB issued a notice that it was re-visiting these proposed changes on Feb. 6 after previous efforts to alter them were thwarted. People desiring to speak at…

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24 Feb 2014 NLRB Weekly Summary of Decisions – Feb. 10-14, 2014

The National Labor Relations Board (NLRB) has updated their website with a weekly summary of decisions for the week of: Feb. 10-14, 2014. The summary of NLRB decisions can be accessed by visiting the NLRB’s website or by clicking on the links that we’ve provided our readers with below. National Labor Relations Baord: Summary of Decisions for Feb. 10-14, 2014. David PryzbylskiRecently recognized as one of the top under-40 labor lawyers in the nation by…

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