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17 Dec 2018 More Time! NLRB Again Extends Comment Period For Impending Joint-Employer Rule

National Labor Relations Board | David Pryzbylski

Last week the National Labor Relations Board announced that it has again extended the time for the public to submit comments regarding its impending rule regarding joint employment. This is the second 30-day extension since the proposed rule was issued on Sept. 13, 2018, with its initial 60-day public comment period.   According to the press release: “The National Labor Relations Board is extending the time for submitting comments regarding its proposed rulemaking to address…

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13 Nov 2018 Clearance: NLRB Member Cleared By Ethics Officer To Participate In Joint Employer Rulemaking

National Labor Relations Board | David Pryzbylski

Earlier this year, the National Labor Relations Board’s (NLRB) Inspector General issued a report concluding that current board Member William Emanuel should have recused himself from a significant decision at the end of 2017 involving joint employment under the National Labor Relations Act (NLRA) based on an alleged conflict of interest. As a result of that report, the 2017 decision was vacated. Since that time, the NLRB has announced it plans to tackle the joint employment issue via…

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30 Oct 2018 Green Light! NLRB OKs Petition Seeking To Oust Union

National Labor Relations Board | David Pryzbylski

The National Labor Relations Act (NLRA) makes it extremely difficult for a union to be removed from the workplace once it has been voted in by employees or voluntarily recognized by an employer. One of the few routes available for a union’s ouster are petitions that can be filed with the National Labor Relations Board (NLRB) claiming that a union has lost a “majority of support” amongst the employees at issue.   There are many…

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26 Oct 2018 NLRB GC Action May Make Unions More Accountable To Their Members

National Labor Relations Board | David Pryzbylski

Under the National Labor Relations Act (NLRA), unions owe their members a “duty of fair representation.” For example, a union may violate the act if it refuses or fails to process an employee grievance based on arbitrary, discriminatory, or bad faith reason. To the extent unions violate their duty of representation, they can be found by the National Labor Relations Board (NLRB) to have violated the act and have penalties imposed on them.   On…

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05 Oct 2018 Reckless Driving: Employee Discharge For Antics On Public Highway Upheld

Strikes and Picketing, Unions and Union Membership | David Pryzbylski

One of the more nuanced issues employers have to navigate in the world of labor relations is evaluating whether discipline can be imposed on an employee engaged in “protected activity.” Under the National Labor Relations Act (NLRA), various employee actions are protected, such as engaging in a strike or speaking out about shared concerns in the workplace. When employees are discharged for misconduct that occurs while they are engaged in protected activity, such decisions routinely…

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13 Sep 2018 Is That A Section 9(a) Or 8(f) Agreement? The NLRB May Soon Be Providing More Clarity.

National Labor Relations Board | David Pryzbylski

Most private sector collective bargaining agreements are governed by Section 9(a) of the National Labor Relations Act, and that section generally requires that a majority of the employees in the bargaining unit support having a union represent them. Things are different in the construction industry. In that industry, labor agreements are presumed to be covered by Section 8(f) of the act, which does not require such a showing of majority support.   On September 11,…

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07 Sep 2018 Does Enrolling In E-Verify Violate Labor Law?

National Labor Relations Board | David Pryzbylski

Many employers utilize E-Verify in an effort to ensure compliance with pertinent immigration laws. This web-based system run by the Department of Homeland Security enables companies to verify eligibility of their workers to be employed in the U.S. But does an employer’s decision to enroll in E-Verify violate the National Labor Relations Act (NLRA)? According to a new National Labor Relations Board (NLRB) decision, in some circumstances, it may.   On August 27, the board…

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17 Aug 2018 When Do Employee Weingarten Rights Kick In?

National Labor Relations Board, Unions and Union Membership | David Pryzbylski

Since the landmark Weingarten U.S. Supreme Court decision in 1975, union-represented employees covered by the National Labor Relations Act (NLRA) have been entitled to union representation during certain investigatory interviews. Specifically, when an employee is brought in for an investigatory interview that could lead to disciplinary action of that employee, he or she has the right to a union representative being present for the interview as well, if such representation is requested. This has come…

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09 Aug 2018 No Soliciting: Employer Solicitation Ban Ruled Unlawful

National Labor Relations Board | David Pryzbylski

Many employers have policies in place that prohibit employees from soliciting other workers for third party causes and/or distributing non-business literature. Care must be taken, however, to ensure that such policies conform to the National Labor Relations Act (NLRA). Generally, under the NLRA, companies may not prohibit employees from soliciting other workers during non-working time, nor may they prohibit the distribution of literature in non-work areas during non-working time. The National Labor Relations Board (NLRB)…

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02 Aug 2018 Changes Coming to NLRB’s Stance On Company E-Mail Policies?

National Labor Relations Board | David Pryzbylski

The National Labor Relations Board (NLRB) made waves several years ago when it issued a ruling that declared employers, generally, cannot prohibit employees from using a company’s email system for union organizing purposes or other activities protected by the National Labor Relations Act. The ruling applied to both union and non-union employers. In December of last year, NLRB General Counsel Peter Robb issued a memo indicating that his office may seek to get various board…

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