Articles Posted in Unions (labor relations)

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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

 

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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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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 a notice, in a conspicuous location, informing employees of their rights under the National Labor Relations Act, which includes the right to form a union.

That poster is now available for download. You can find a copy of it here. Copies also are available from any of the NLRB’s regional offices. 

My law firm has an e-Alert that went out yesterday about the poster. You can read that here. Or, you can check out the NLRB’s frequently asked questions about the posting requirement here. For even more information on how this posting requirement could affect your business, contact a labor-and-employment attorney. (Hey, I’m a labor-and-employment attorney!)

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Earlier this year, reports of a Connecticut ambulance company firing an employee who had complained about her supervisor on Facebook, grabbed the headlines. The National Labor Relations Board (NLRB) complained that the firing was illegal. And although the company contended that it did nothing wrong, free speech advocates spewed hellfire and brimstone. Ultimately, the bloodlust subsided when that case settled.

Several months later, the NLRB is at it again. However, this time, for the first time, an NLRB Administrative Law Judge (ALJ) has found, after a full hearing, that an employer unlawfully fired employees for Facebook postings. Oh, by the way, the employer involved is non-union. More on this important decision and what it means for private employers after the jump.

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nlrb.jpgGood times, huh?

The National Labor Relations Board has issued a Final Rule requiring most private-sector employers to post a notice informing employees of their rights under the National Labor Relations Act, which includes — you guessed it — the right to form a union. 

This rule goes into effect on November 14, 2011 and I’ve got the dirty details after the jump.

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nlrb.jpgOn Friday night, I read the just-released National Labor Relations Board’s Acting General Counsel report on social media investigations. In fact, I read it twice cover-to-cover. (No, I won’t be winning the “Coolest Person In America In Philly On My Block In My House” Award this year).

Dorkiness aside, I was able to distill the report down to the points that employers will need to know if they hope to avoid federal scrutiny. Those details follow after the jump…

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In December 2006, 247 union workers went on strike at the Kohler manufacturing plant in Searcy, Arkansas. Three months later, Kohler hired 123 replacement workers.

Kohler and the Union settled their dispute in March 2008. As part of the settlement, Kohler agreed to reinstate the striking strikers. Kohler then fired the replacement workers and returned 103 of the original 247 striking workers to their former positions. 111 of the replacement workers then filed suit under the Worker Adjustment and Retraining Notification Act (“WARN”) alleging that they should have been given at least 60-days notice before being laid off.

Did Kohler violate WARN? Find out after the jump…

 

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