Brenton D. Soderstrum BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2474 Facsimile: 515-323-8574 E-mail: soderstrum@brownwinick.com
National Labor Relations Board (NLRB)
NLRB Regulates employee rights to engage in collective activities in businesses in “interstate commerce”
Concerted activities for purposes of mutual aid and protection
Interstate Commerce Non-retail establishments -- $50,000 gross receipts Retail/Construction establishments -- $500,000 gross receipts
NLRB majority controlled by Obama-administration appointees
Proposed Rule: Notice to Employees of NLRA Rights
“No less prominently”
Effective Date Originally 11/14/2011 Delayed to 01/31/2012
Impact of Failure to Post Tolling of Statute of Limitations Evidence of Anti-union Animus Per Se Unfair Labor Practice
Download from NLRB
Preparation Begin/Continue Union-free Plan Counter-Posting Supervisor Training
Proposed Rule: Proposed Rule: Quickie Elections
Effective Date: Effective Date: Still in Review
Election 10-21 days after petition Election 10-21 days after petition
Proposed Rule: Reporting Persuader Activity
Effective Date:
Narrows “advice exception” to legal requirement that employers report to federal government activity and expenses spent maintaining union-free status
Result of 14 unfair labor practice cases involving discipline for employee statements made in social media (blogs, Facebook, etc.) Result of 14 unfair labor practice cases involving discipline for employee statements made in social media (blogs, Facebook, etc.)
Where employer acts to interfere, restrain or coerce employees in exercise of protected activity, NLRB will intervene Where employer acts to interfere, restrain or coerce employees in exercise of protected activity, NLRB will intervene
Examples . . . Discussions between employees on workplace responsibilities and performance - Even involving swearing/sarcasm/insults
Examples . . . Soliciting input online from co-workers about work disputes
Examples . . . Clicking on a “like” button
Examples . . .
Disclaimer: Nothing in this policy shall be construed to limit in any way your rights under applicable federal, state or local law, including but not limited to the National Labor Relations Act Disclaimer: Nothing in this policy shall be construed to limit in any way your rights under applicable federal, state or local law, including but not limited to the National Labor Relations Act
Guidance on No-Solicitation Rules (pending) Guidance on No-Solicitation Rules (pending)
Concerns the legal standard NLRB should apply in determining whether discrimination has occurred when limiting non-employees access to employer premises Concerns the legal standard NLRB should apply in determining whether discrimination has occurred when limiting non-employees access to employer premises
Existing Standard Permitting charitable (civic organizations) to solicit on employer premises is not discrimination
Review your existing rules and protocols, enforce consistently, and train managers Review your existing rules and protocols, enforce consistently, and train managers
May extend to e-mail accounts – The Guard Publishing Co., 375 NLRB No. 27 (2011) May extend to e-mail accounts – The Guard Publishing Co., 375 NLRB No. 27 (2011)
Important Recent NLRB Decisions Important Recent NLRB Decisions
Lamans Gasket Co.: Employer decision to grant recognition based on card check cannot be challenged for “reasonable period of time” Lamans Gasket Co.: Employer decision to grant recognition based on card check cannot be challenged for “reasonable period of time”
Specialty Healthcare and Rehabilitation Center of Mobile: Specialty Healthcare and Rehabilitation Center of Mobile: CNAs in a nursing home will constitute an appropriate bargaining unit in absence of proof that excluded employees share an “overwhelming community of interest”
Sheet Metal Workers Local 15: Sheet Metal Workers Local 15: 16 foot tall, 12 foot wide balloon rat protesting secondary employer not prohibited
Northeastern Land Services, Ltd.: Northeastern Land Services, Ltd.: Salary confidentiality policy found to be illegal
Go Ahead N.A., LLC: Election voided due to improper union conduct
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