Unions (labor relations)

NLRB “quickie” election rule survives a Senate challenge

April 25, 2012 | by Eric B. Meyer

Last week was not so good for the National Labor Relations Board. The DC Circuit iced a Board rule that would have required most private-sector employers to post a notice in the workplace informing employees of their right to form a union.

Yesterday, however, the pendulum swung the other way and employers may soon be feeling the heat as we are now that much closer to expedited union elections.

Feel the heat? Iced a Board rule? Am I firing up a cool tune from Foreigner or Katy Perry after the jump? Guilty as charged. Plus, click through for details on how faster union elections may soon be coming to your workplace, and possibly another unwelcome surprise (hint: four letters, ~~sounds like~~ EFCA)…

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The NLRB officially delays the mandatory union-poster rule

April 18, 2012 | by Eric B. Meyer

Remember my post from Monday? The one where I told you that two federal courts were at loggerheads over whether the NLRB could force private employers to post this notice in the workplace.

Well, about that. Eyes on me.

Two other men in black (and one woman in black) have officially changed the game. Dramatically. Click through for the details…

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Do we need to post the NLRB poster? Just answer the question!

April 16, 2012 | by Eric B. Meyer

rights poster.png I’ve beaten it to death on this blog.

The National Labor Relations Board created a rule that will require most private-sector employers to post this notice, in a conspicuous location, informing employees of their rights under the National Labor Relations Act, which includes the right to form a union.

Here’s the latest…

Do your confidentiality agreements pass muster with the NLRB?

April 12, 2012 | by Eric B. Meyer

Last week, Jon Hyman at the Ohio Employer Law Blog was on point with this good post discussing a recent National Labor Relations Board Administrative Law Judge decision. The case involved what the NLRB General Counsel believed was an overly-broad social media policy in two regards:

It banned employees from using social media to comment on work-related legal matters; and

It required company-permission be given before employees post images/video online.

Make sure to read Jon’s post for the full-scoop. I promise not to give away the ending (until later in this post, when I give away the ending). But, after the jump, I’m going to examine another aspect of the case; namely, a confidentiality provision that the ALJ deemed overly broad. I’ll also add a few ideas for you to keep your confidentiality provisions compliant with the National Labor Relations Act.

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Meyer(s) on Pending Employment Bills, Social Media, and Slides

April 6, 2012 | by Eric B. Meyer

On Employment Legislation:

Just when you thought you had the employment law landscape figured out, along comes pending legislation that could change everything. From age discrimination claims to workplace flexibility to unionization and labor organizing, new bills in the House and Senate may change the way you run your business. Here I am discussing all that jazz with Stephanie Thomas at the Proactive Employer.

On Social Media:

The Ambien alternative a/k/a NLRB FY11 operations statistics

March 27, 2012 | by Eric B. Meyer

Yawn…

The Acting General Counsel of the National Labor Relations Board recently released a 10-page summary of operations for FY 2011. But, you can find a short summary here.

4 new employment-law bills now pending in Congress

March 19, 2012 | by Eric B. Meyer

Below are summaries of four pieces of legislation of which employers should take note:

Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of proof for employees to prove age discrimination claims.

National Right to Work Act. Senator Jim DeMint (SC-R) has introduced this bill to “preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities.”

Baseball has a new social media policy. And it may be unlawful.

March 16, 2012 | by Eric B. Meyer

I’ll tell you why, after the jump…

Up with NLRB employee-rights posters, or suffer ze consequences

March 5, 2012 | by Eric B. Meyer

Back on August 26, in this post, I gave the heads up that the National Labor Relations Board would require most private-sector employers to post this notice (a super-sized version of the one on the right), in a conspicuous location, informing employees of their rights under the National Labor Relations Act, which includes the right to form a union.

And then some employer groups went to court because they don’t like NLRB posters. In response, the NLRB slowed its roll not once, but twice, delaying the postponing the posting deadline until April 30, 2012.

Now a federal court has weighed in on the posting requirement. What did it say? And will your business have to post something by April 30, 2012. Find out after the jump…

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3 ways for HR to avoid unlawful, overbroad social-media policies

January 26, 2012 | by Eric B. Meyer

Yesterday, the National Labor Relations Board announced in this press release that it had issued a second social-media report to help provide further guidance to practitioners and human resource professionals.

What does that report say? And how can you bulletproof your social-media policy?

Find out after the jump…

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