Latest developments from the nlrb



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LATEST DEVELOPMENTS FROM THE NLRB

  • 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



NLRB Proposed Rulemaking



  • 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

  • Download from NLRB



Purchase from Vendor

  • Purchase from Vendor



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



Proposed Rule:

  • Reporting Persuader Activity



Effective Date:

  • Still in Review



Narrows “advice exception” to legal requirement that employers report to federal government activity and expenses spent maintaining union-free status



  • NLRB Guidance



  • Guidance on Social Media



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



Crystal Ball Gazing

  • Crystal Ball Gazing





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