Articles Posted in Unions (labor relations)

No inflatable rats here, folks. Just some organizing shenanigans.

Last week, the National Labor Relations Board was tasked with determining whether a union may use the photograph of an employee, without his authorization, on union-organizing materials. Click through to find out how the NLRB decided this one…

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Well, color me surprised (I think that’s purple).

Today, President Obama exercised his executive power to “recess” appoint — actually, to be technical about it, no one is on recess — three new members to the National Labor Relations Board, thus bringing the Board up to its full capacity of five members.

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The recess appointees are Sharon Block (Dem.), Richard Griffin (Dem.), and Terence Flynn (Rep.). You can read more about them here in a White House release. And here is a release from the NLRB.

Do you have a unionized workforce? If you have a social-media policy, it should not expressly restrict employees’ rights to discuss terms and conditions of employment. Otherwise, you may be violating the National Labor Relations Act.

And to those non-union employers who have social-media policies, don’t think for a second that you have carte blanche to control what employees say and do online. The National Labor Relations Act covers you as well.

So how can you draft a social-media policy that won’t run afoul of the National Labor Relations Act? Find out after the jump…

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Last week, a National Labor Relations Board Administrative Law Judge (ALJ) ruled, for the first time, that an employer could legally fire an employee based on Facebook activity. In Karl Knauz Motors, Inc. d/b/a Knauz BMW and Robert Becker, the ALJ okayed a BMW dealership firing an employee who posted pictures (accompanied by some snarky comments) about a neighboring Land Rover dealership.

So what’s up with the title of this blog post? And why should employers be concerned with this decision? Find out after the jump…

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That headline will be reality if this bill, currently pending in the U.S. House of Representatives, passes. More on its chances of success *** cough — none — cough *** here at the Washington DC Employment Law Update.

But while rumors of the Board’s demise may be premature, the number of Board members is expected to drop by 1 — from 3 to 2 — once Member Craig Becker‘s recess appointment ends when the Senate adjourns at the end of this year. Why is that significant? Because, last year, the U.S. Supreme Court ruled in New Process Steel, L.P. v. NLRB that the Board may not issue decisions with just two members. So, expect the flurry of Board decisions to continue through the end of the year, and gridlock thereafter.

 

Image Credit: staffingtalk.com

 

Readers of this blog know from this post that the National Labor Relations Board is forcing most private-sector employers to post this notice to inform employees of their rights under the National Labor Relations Act, which includes the right to form a union.

 

Now, some employer-groups are fighting back. Find out how and, more importantly, whether your business may get a reprieve from the posting requirement, after the jump.

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