Employee rights nlrb
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- Are social media posts protected? What all employers need to know about the NLRB and social media
- National Labor Relations Board Issues Handbook Victory for Employers
- Skip to Main Content - Keyboard Accessible
- The Modern Workplace
- Final Ruling on Controversial Employee Rights Notification
- Employee Rights Under Biden’s NLRB Regulatory Regime
- Overruled: the NLRB Restores Employers' Rights
- Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19
- Employers Beware: NLRB General Counsel Pushes for Expanded Economic Penalties
Are social media posts protected? What all employers need to know about the NLRB and social media
By: Ashley K. Cano and John P. However, the Board panel was sharply divided between its Republican majority and Lauren McFerran, its sole Democratic member. For many years, the direction of the National Labor Relations Board has sharply oscillated depending on which political party has comprised the majority of its Members, and the divide between Republican and Democratic Board Members has been especially sharp in cases involving employer rules and policies.
Last week, the Board issued another employer-friendly decision that reinforced its current standard and provided clarity that a number of provisions common to social media policies comport with the Act. Using that framework, the Board majority found that the six challenged rules were lawful:. She also clearly conveyed her belief that the Boeing decision and the rulings that have built on it were wrongly decided. Although the Medic Ambulance decision is certainly a positive for employers, they may not want to rush to modify their workplace rules and policies in response.
Indeed, employers can reasonably expect a wholesale change in approach at the NLRB, possibly beginning as soon as late In short, employers should plan for a much more union-friendly and activist NLRB in the coming years, and a Board that will likely examine and revisit many of the Trump era decisions that have issued over the last four years.
Employers should carefully measure and adapt their policies to account for another swing in the law, as well as the risks they may be taking, In doing so, the attorneys of our Labor Management Relations Practice Group are here to assist you.
Home » The End of an Era? As a result, the prohibition did not violate the Act. Regarding the rule prohibiting disclosure of confidential or proprietary information about the company or coworkers, the Board majority found that an objectively reasonable employee would not interpret the rule as potentially interfering with the exercise of NLRA-protected rights.
As a result, an objectively reasonable employee would not read the rules as prohibiting NLRA-protected activity. Regarding the rule prohibiting employees from giving out information on current or former employee compensation, the Board majority reasoned that it was apparent the rule was intended to apply only when someone telephoned the company seeking information about a particular employee. As a result, objectively reasonable employees would understand the policy in that light, not as restricting their right to discuss their wages with each other or to disclose them to a union.
In reaching this conclusion, the Board majority found it notable that the rule did not expressly restrict employee communications with other employees. Takeaway for Employers Although the Medic Ambulance decision is certainly a positive for employers, they may not want to rush to modify their workplace rules and policies in response.
National Labor Relations Board Issues Handbook Victory for Employers
Mark Mathison advises and represents a wide range of employers, including corporations, nonprofits, and educational organizations, on labor and employment law issues in the workplace. Mark chairs the firm's Labor Law team and is a The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed.
Skip to Main Content - Keyboard Accessible
I smell fried chicken and watermelon. Reasonable employers and managers should cringe, and most would instinctively discipline or fire employees for engaging in such reprehensible employee behavior. That changed however on July 21, , when the Board issued a sensible and long-overdue decision in General Motors LLC , making it easier for employers to discipline or fire workers for offensive, racist, sexist, and other profane language or conduct in the workplace, even when the offender is engaging in protected concerted activity. You may be asking what the protected concerted activity is in each of the scenarios above. A fair question. Under the NLRA, employees have the right to act with coworkers to address work-related issues in a number of lawful ways, such as circulating a petition for better hours, refusing collectively to work in unsafe conditions, or joining together to talk to an employer or government agency about problems in the workplace. Finally, in the context of picket-line behavior the third scenario above , the Board considered whether the abusive conduct would reasonably be expected to coerce or intimidate non-strikers. General Motors therefore provides some much-needed clarity for employers faced with employees who engage in outrageously bad behavior while also arguably engaged in protected concerted activity.
The Modern Workplace
Categories: Employment , Article. Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that expressly disavow the existence of any contract of employment or any intent to alter, amend or modify the parties' at-will employment relationship. Handbooks are also typically stuffed with policies designed to protect an employer's confidential information, discourage bad behavior and promote courtesy and professionalism in the workplace. These rules and policies make sense most of the time, and are perfectly legal most of the time.
Final Ruling on Controversial Employee Rights Notification
In its decision, the Board established a balancing test to be applied to rules that reasonably may be construed to interfere with Section 7 rights. Rules that are justified by employer interests that outweigh their impact on employee rights will be found categorically lawful. Such rules restrict core employee rights and generally are not outweighed by any countervailing justifications. Confidentiality rules cover a number of subjects, however, and The Boeing Co. These include a range of provisions that do not restrict employee information or prevent coworker discussions about the workplace. In fact, Boeing successfully defended the no-camera rule that was at issue in its case by asserting the need to protect its proprietary information and production processes from disclosure.
Employee Rights Under Biden’s NLRB Regulatory Regime
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Overruled: the NLRB Restores Employers' Rights
On Dec. The application of this balancing test compels one of the following three classifications:. Non-Disparagement Policies.
Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19
Federal government websites often end in. The site is secure. Federal contractors and subcontractors are required to inform employees of their rights under the National Labor Relations Act NLRA , the primary law governing relations between unions and employers in the private sector. See 29 CFR Part The notice, prescribed in the Department of Labor's regulations, informs employees of Federal contractors and subcontractors of their rights under the NLRA to organize and bargain collectively with their employers and to engage in other protected concerted activity. Additionally, the notice provides examples of illegal conduct by employers and unions, and it provides contact information to the National Labor Relations Board www.
Employers Beware: NLRB General Counsel Pushes for Expanded Economic Penalties
What is concerted activity? Conduct is concerted if it is undertaken by two or more employees, or by one employee on behalf of others. Individual activity involving attempts to enforce the provisions of an existing collective bargaining agreement is concerted activity. Further, an individual who repeats a complaint previously expressed by a larger group of employees engages in concerted activity because this is a continuation of concerted activity. When is concerted activity for the purpose of mutual aid or protection? Employees also act for mutual aid or protection when they seek to improve their position as employees through channels outside the immediate employee-employer relationship.
Whether a company has a relationship with a union, wants to avoid having a union organize its workforce, or believes that it is not a target for any union, all companies have obligations regarding how they act in relation to the collective actions of their employees. Employers often seek to avoid their employees becoming unionized. In many instances, by the time a company is aware that it is a target of organizing efforts, it is too late. Companies need to set up and maintain policies and practices that make unions less appealing to their employees.
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