Category Archives: Labor Relations

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South Carolina Federal Court Strikes Down NLRB Notice Posting Rule

On Friday, April 13, 2012, the United States District Court for South Carolina held that the National Labor Relations Board (“NLRB”) exceeded its authority when promulgating a rule which requires that all employers subject to the jurisdiction of the National Labor Relations Act (“NLRA”) post a notice of employee rights.  In Chamber of Commerce of the United States, et al. Continue Reading

NLRB Posting Rule Upheld

On March 2, 2012, Judge Amy Berman Jackson of the United States District Court for the District of Columbia held that the National Labor Relations Board (“Board”) lawfully promulgated Subpart A of its Rule, “Notification of Employee Rights under the National Labor Relations Act” which requires employers to post a notice of employee rights.  However, the Board exceeded its authority … Continue Reading

Waiver of Right to Bring Class or Collective Actions May Violate Federal Labor Law

The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court.

The case examined an agreement under which employees waived their right to a judicial forum and agreed … Continue Reading

NLRB Acting General Counsel Issues Second Social Media Report

On January 25, 2012, NLRB Acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office.

The Memorandum covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to be lawful after it was … Continue Reading

NLRB Poster on Employee Rights Now Available for Download

The workplace poster on employee rights under the National Labor Relations Act is now available as a free download from the NLRB website.

Most private-sector employers, both union and non-union, must display the poster where other workplace notices are posted as of November 14, 2011. Employers who customarily post personnel rules or policies on an internet or intranet site must … Continue Reading

NLRB Issues Final Rule Requiring All Employers to Post Notice of Employee Rights

On August 25, 2011, the National Labor Relations Board (the “Board”) issued a final rule requiring employers subject to the National Labor Relations Act (the “NLRA”), which is the overwhelming majority of businesses, to post a notice in conspicuous places, informing their employees of rights under the NLRA, together with NLRB contact information and basic enforcement procedure information. The final … Continue Reading

NLRB Issues Social Media Report

The National Labor Relations Board’s Acting General Counsel, Lafe Solomon, today released a report, which summarizes the outcome of investigations into cases involving involving the use of social media and employer media policies. Acting General Counsel Lafe Solomon stated his belief that the report will be of assistance to legal practitioners and human resource professionals.

In four cases involving employee … Continue Reading

The NLRA Protects Employees Who Secretly Tape Record Meetings With Their Supervisors!

In Hawaii Tribune-Herald, 356 N.L.R.B. No. 63 (February 14, 2011), the National Labor of Relations Board held that an employee’s secret tape recording of a meeting with his supervisor was protected activity; and, as a result, the employee’s termination was a violation of the National Labors Relation Act.

The basis of the Board’s decision was based, in part, on … Continue Reading

NLRB Continues Its Assault On Social Media Firings

The National Labor Relations Board issued a complaint last Friday against Knauz BMW, a Chicago area BMW dealership, alleging unlawful termination of an employee for posting photos and comments on Facebook that were critical of the dealership.

The employee, a car salesman, and coworkers were unhappy with the food and beverages at a dealership event. Salesmen complained that their sales … Continue Reading

NLRB Settles Facebook Firing Complaint

The NLRB settled its case against a Connecticut ambulance services company that discharged an employee after she posted negative comments about her supervisor on Facebook. The employer agreed that it had maintained an overly broad internet posting, blogging and communication policy. Under the terms of the settlement, the company must revise its policies to permit discussion of wages, hours and … Continue Reading

NLRB Makes It Easier For Unions To Organize

In Dana Corp, 356 NLRB No. 49 (December 6, 2010), the National Labor Relations Board (the “Board”) held that Dana Corporation and the UAW did not violate labor law when they entered into a Letter of Agreement (“LOA”) setting forth ground rules for additional union organizing, procedures for voluntary recognition upon proof of majority support and substantive issues that … Continue Reading

NLRB Proposes Additional Burdens

Every employer needs to be aware of recent developments at the National Labor Relations Board that are sure to increase union activities. In two moves reported on December 21, 2010, the Board proposed a rule to require employers to post a notice of employee rights under the National Labor Relations Act and the acting General Counsel to the Board, Lafe … Continue Reading

Employee’s Use Of Social Media Is Protected Activity

Employers beware: firing an employee for bad-mouthing the boss on social media may violate the National Labor Relations Act, even for a non-unionized employer.

The National Labor Relations Board just lodged a complaint against a Connecticut ambulance company alleging, among other things, that it unlawfully fired an Emergency Medical Technician for violating a policy that prevented her from depicting the … Continue Reading