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19 Jun 2018 Have An Employee Handbook Or Other Personnel Policies? Here’s A BIG Development You Need To Know

From social media policies to positive workplace environment statements to non-employee access to company property procedures, the National Labor Relations Board (NLRB) – under the prior presidential administration – struck down numerous company personnel policies in recent years on grounds they “chilled” employees’ ability to engage in protected activity under the National Labor Relations Act (NLRA). The board generally cited Section 7 of the NLRA as support for its positions, which protects employees engaging in…

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10 May 2018 Illegality of Union Resignation Rule Upheld by D.C. Circuit Court

The D.C. Circuit recently upheld the National Labor Relations Board’s (NLRB) finding that a union’s resignation rule violated the National Labor Relations Act (NLRA). Under the rule, employees who wanted to resign from the union or opt out of paying dues had to travel to the union hall with a picture ID and a written request. The NLRB held that it was inconvenient for workers to have to travel to the hall to resign and…

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20 Mar 2018 Union Organizing Threat: Are Worker Centers Labor Organizations?

  In recent years, many “worker centers” have been popping up around the country. As reported by the Wall Street Journal, the centers can act as a “backdoor approach to union organizing.” The Journal specifically describes them as follows: “The community groups, called worker centers, are often backed by unions. But they aren’t considered ‘labor organizations’ by law because they don’t have continuing bargaining relationships with employers. That gives them more freedom in their use…

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21 Feb 2018 Do Over? NLRB May Have To Revisit Its Stance On Joint-Employers Due To Alleged Conflict

  On Dec. 14, 2017, the National Labor Relations Board (NLRB) made headlines and pacified many concerned members of the business community when it overruled its infamous 2015 Browning-Ferris decision – a decision that made it significantly easier for two or more companies to be found “joint-employers” under the National Labor Relations Act. The board did so in a case involving the company Hy-Brand Industrial Contractors Ltd. That victory for employers may be short lived,…

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15 Feb 2018 ‘Mean Girls’: Union Violated Labor Law By ‘Ostracizing’ and ‘Humiliating’ Its Own Members On Facebook, Says NLRB GC

  In what reads like a storyline from a movie portraying bullying at a high school, the National Labor Relations Board (NLRB) has just released an Advice Memo from its General Counsel’s office finding that Teamsters Local Union 610 violated the National Labor Relations Act (NLRA) by setting up a “secret” Facebook group that ostracized and humiliated some if its own members.   At issue in the case was a facility where the Teamsters had negotiated…

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14 Feb 2018 Board’s New Boeing Test Still Blocks Separation Agreements

    A National Labor Relations Board Administrative Law Judge (ALJ) has taken the first whack at applying the Board’s new test in Boeing.  He concluded that terms included in a university medical center’s separation agreements were phrased in such broad terms that they interfered with employee rights under the National Labor Relations Act (NLRA).   The ALJ focused on two terms of the separation agreements that Baylor University Medical Center had offered to 27…

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06 Feb 2018 NLRB Issues Updated “Bench Book” for its Judges

  The National Labor Relations Board (NLRB), like many federal agencies, has its own division of “administrative law judges” that preside over cases brought to the agency. In fact, the NLRB takes most of its actions through individual case adjudication versus administrative rulemaking.   On Feb. 2., the NLRB announced that its Judges Division issued an updated “Bench Book,” which provides guidance to the board’s administrative law judges in terms of running unfair labor practice…

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02 Feb 2018 UPDATE: How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?

  2018 is underway, and we now have our first preview of how the economy, corporate tax cuts, and healthcare may be affecting labor agreement negotiations this year – at least in terms of wage settlements. Bloomberg BNA released a report on findings from a survey of 46 recently ratified union contracts that summarizes data on agreed-to wage scales.   Based on the report, it’s a mixed bag thus far. According to a summary offered…

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23 Jan 2018 Purple in the Face: Union Urges Federal Court to Permit Non-Business Use of Company Email Systems by Employees

  Many companies have policies that limit or outright restrict the use of their email systems by employees for non-work related purposes, but are those policies lawful? According to an infamous Dec. 2014 ruling by the National Labor Relations Board (NLRB) – Purple Communications – such policies may run afoul of the National Labor Relations Act (NLRA).   Specifically, in Purple Communications, the board concluded that the company’s email policy completely banning personal use of…

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17 Jan 2018 How Will the Booming Economy, Corporate Tax Cuts, and Healthcare Uncertainty Affect Labor Negotiations in 2018?

  Bloomberg BNA recently published a report predicting that labor unions will be seeking to score more in wages and benefits in their 2018 collective bargaining agreements than in recent years. This is in light of the relative hot economy and significant corporate tax cuts going into effect. The fact that many non-union companies have publicly announced higher wages and bonuses for their employees based on the tax overhaul may encourage the unions to be…

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