Articles and Blogs

Who Is a Supervisor? – The NLRB Gets It Wrong If a person is a “supervisor” then that person is considered management, and under the NLRA that supervisor cannot be part of a union bargaining unit.  Deciding who is a supervisor can have significant consequences for employers – especially when it comes to union... READ MORE

Does this sound like a good and reasonable thing to say to an employee who has brought a complaint to your attention? “Please keep our discussions confidential while our investigation is ongoing.” Well, it may not be so good or reasonable according to the NLRB.  Employers faced with suspected employee misconduct have an obligation – in... READ MORE

Virtually all employers that have an Employee Handbook also have an acknowledgement of receipt of the Handbook.  It is very common in the acknowledgement for an employer to clearly spell out the fact that the employee is an “Employee-At-Will”.  Now this common employer practice is being challenged by the NLRB. Do Handbook Acknowledgements Violate the Law?... READ MORE

“Quickie Election Rule” – NLRB Loses Round 2 The NLRB has lost another round in the battle over its so-called “Quickie Election Rule.”  The federal court that on May 14, 2012 put a halt to the NLRB’s rule that would have speeded up union elections in the private sector (see our Employment Law News Article) rebuffed... READ MORE

Earlier this week, the NLRB continued its scrutiny of “overly broad” employer policies.  This time the NLRB held that a hospital’s “No-Access” rule for off-duty employees was unlawful because it gave too much discretion to the employer to determine what access was permitted.  The hospital’s policy was not at all that unusual and provided:  READ MORE

In an interesting display of seeming uncertainty, the NLRB’s Division of Advice recommended the dismissal of an unfair labor practice charge against an employer.  In this case, a union alleged that an employer unlawfully threatened its employees over a flyer containing statements that the worksite was contaminated with toxic, unhealthy chemicals.  In an effort to... READ MORE

The NLRB’s requirement that most private employers post a notice of employee rights was struck down by the courts.  But in doing a work around, the NLRB has established a webpage that specifically deals with “Protected Concerted Activity”. A Map Tells the Stories The page tells the stories of more than a dozen recent cases... READ MORE

The NLRB’s Acting General Counsel issued a Memorandum  on May 30, 2012 clarifying and outlining its position on the lawfulness of employer social media policies.  The Memorandum discusses several recent cases where the NLRB determined that certain private employer policies were overbroad and interfered with employee rights under the NLRA.  The section of most interest... READ MORE

Starbucks has a reputation for making great coffee.  It values that reputation and when employees use obscenities in the store in front of customers something has to be done. That’s what happened at a Starbucks store in Manhattan where a vocal union organizer got even more vocal in the store and used obscenities in... READ MORE

Good news for private employers.  Today, May 14, 2012 the U. S. District Court for the District of Columbia ruled that the NLRB lacked a quorum when it took a final vote to issue it’s hotly debated “Quickie Election Rule”.  Consequently, the Rule that would have had the effect of drastically speeding up union... READ MORE