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BT Labor Relations - Current News and Practical Analysis
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10 Oct 2018 Does “Creating the Impression of Surveillance” Violate Labor Law?

When it comes to union organizing, Section 8(c) of the National Labor Relations Act (NLRA) vests employers with broad “free speech” rights to voice their opinions on unions to their workforces. The NLRA, however, also places limits on what employers can do if their employees express interest in forming a union. Generally, companies cannot: threaten employees based on their union activity interrogate workers about their union activity, sentiments, etc. make promises to employees to induce…

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23 Jul 2018 Don’t Pull The Tapes: Employer Dinged By NLRB For Surveilling Employee Union Activity On Video Archives

The National Labor Relations Act (NLRA) puts limits on what employers can do if/when their employees express interest in forming a union in the workplace. Generally, employers cannot threaten employees based on their union activity; interrogate workers about their union activity, sentiments, etc.; make promises to employees to induce them to forgo joining a union; or engage in surveillance (i.e., spying) on workers’ union organizing efforts. To the extent an employer violates the NLRA by…

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25 Jun 2018 Happiest Union On Earth? Teamsters Violated Disney Parks Workers’ Labor Law Rights

The Teamsters union has yet again been found by the National Labor Relations Board (NLRB) to have violated the rights of its own members. On June 20, the agency issued an order finding violations of the National Labor Relations Act (NLRA) by the union.   At issue in the case were employees of Disney amusement parks in Florida who were represented by the Teamsters union. The employees drafted letters, made telephone calls, and even attempted in-person…

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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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