On May 30, 2012, the National Labor Relations Board’s (“Board”) Acting General Counsel, Lafe Solomon, issued his Third Report on Social Media Cases. This Report describes the restrictions on employee use of social media that an employer may lawfully include in its policies. Under the National Labor Relations Act (“Act”), an employer may not implement … Continue Reading
On May 26, 2012, Board Member Terence F. Flynn submitted his resignation to President Barack Obama and to NLRB Chairman Mark Gaston Pearce. The resignation is effective July 24, 2012. However, Mr. Flynn immediately recused himself from all agency business and has asked that the President withdraw his nomination for Board Member of the NLRB. … Continue Reading
In a decision filed on May 18, 2012, Oliveira v. Citicorp North America, Inc. and Citigroup, Inc., Case No. 8:12-cv-251-T-26TGW (M.D. Fla. 2012), Judge Richard A. Lazzara of the Middle District of Florida held that a complete waiver of class and collective actions in either a judicial or arbitration forum was enforceable. This decision directly … Continue Reading
According to a D.C. federal court, another regulation issued by the National Labor Relations Board (the “Board”) is unlawful. This time, the Board’s so-called “quickie election” rule, which would shorten the time period between an union petition and the election, has been struck down. This is an important outcome for employers, because the new regulation, … Continue Reading
On April 30, 2012, the National Labor Relations Board (“Board”) issued a complaint alleging that 24 Hour Fitness USA, Inc. violated the National Labor Relations Act (“Act”) by requiring that all employment disputes be resolved by an arbitration in which only individual, and not class or collective, claims could be brought. 24 Hour Fitness, which … Continue Reading
Yesterday, NLRB Acting General Counsel Lafe Solomon outlined how regional offices will implement new representation case procedures that take effect on Monday, April 30. Of benefit to employers, the guidance covers the entire representation case process from beginning to end, incorporating the new rules and the procedures that remain unchanged. Briefly, the changes to the … Continue Reading
The D.C. Circuit Court of Appeals has temporarily enjoined the National Labor Relations Board’s Rule requiring the posting of employee rights, which had been scheduled to take effect on April 30, 2012. In light of this order, the Board has stated that regional offices will not implement the Rule, pending the resolution of the issues … Continue Reading
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 … Continue Reading
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, … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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. … Continue Reading
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 … Continue Reading
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. … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading
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 … Continue Reading