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Article Index » labor law » unfair labor practices
Report Link Union "Funeral Procession" Violates Secondary Boycott Law - Are Rats and Banners Next? (pdf).
Littler Mendelson, P.C. - May 19, 2006
It is a cornerstone of our national labor policy that a labor union cannot lawfully threaten, coerce or restrain a neutral employer to force it to stop doing business with the union's real target, known as the "primary" employer. This cardinal principle of American labor law is enshrined in the secondary boycott statute, Section 8(b)(4)(B) of the National Labor Relations Act (NLRA).
Report Link NLRB says cleaning company's rules are spotless (pdf).
Jones Walker - April 07, 2006
Employers, even those that are union-free, must comply with the National Labor Relations Act (NLRA). Under the Act, you can’t discriminate against union members or restrict employees’ right to organize. Union members and organizers often challenge employers’ nonsolicitation and no-access policies as being in violation of those rules under the Act.
Report Link NLRB Finds Employee Confidentiality Requirement Too Broad (pdf).
Vedder Price - August 29, 2005
Section 8(a)(1) of the National Labor Relations Act prohibits an employer from interfering with an employee’s right (guaranteed by section 7 of the Act) to engage in union activity. In a recent NLRB decision, the Board found that a confidentiality provision in an employee handbook prohibiting the release of “any information concerning . . . its partners” (i.e., employees) was overly broad and violated section 8(a)(1). Cintas Corp. and Union of Needletrades, Indus. & Textile Employees, 344 NLRB No. 118 (June 30, 2005).
Report Link Handbook Provision On Union Threats Unlawful (pdf).
Ogletree Deakins - August 11, 2005
A federal appellate court recently held that an employee handbook provision encouraging workers to report any “harassment” by fellow employees to sign union authorization cards violates federal labor law. According to the court, the company’s employees “were not able to discern any limiting principles from the circumstances under which the policy was issued.” This ruling serves as a reminder that harassment policies that deal with protected union activity must be carefully drafted.
Report Link Recent NLRB Decision Places Increased Scrutiny on Confidentiality Policies and Agreements.
Jackson Lewis LLP - August 09, 2005
Unionized and union free employers should review their confidential information policies, confidentiality agreements and related policies (such as business ethics statements with confidentiality provisions) to make sure maintenance of such policies does not violate the National Labor Relations Act. A recent decision by the National Labor Relations Board underscores the risk that such policies may inadvertently infringe on employee rights under the Act, which makes it unlawful for an employer to interfere with, restrain or coerce employees exercising their right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.
Report Link Labor Board Modifies Its Position on Employee Conduct Rules as Chilling Protected Activity.
Jackson Lewis LLP - February 03, 2005
During the past several years, the National Labor Relations Board has had numerous occasions to rule on the lawfulness of various employer conduct rules, which usually appear in an employer's handbook or policy manual.

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