Brody and Associates, LLC • March 07, 2014
After suffering defeat last year when the D.C. and Fourth Circuit Courts held the National Labor Relations Board’s rule forcing employers to post an employee rights notice was invalid, the Board has given up. It will not appeal these decisions to the U.S. Supreme Court.
Fredrikson & Byron, P.A. • March 06, 2014
For the first time in nearly a decade, the National Labor Relations Board has its full complement: five members who have been confirmed by the Senate. While the Board was relatively quiet in the latter half of 2013, the volume and nature of its recent activity suggests that 2014 will bring many changes. With three of the Board’s five members being former union attorneys, the changes are not good news for employers. Below are some of the Board’s key moves so far.
Franczek Radelet P.C • March 06, 2014
Last week, in Copper River of Boiling Springs, LLC, a three-member panel of the National Labor Relations Board upheld a South Carolina restaurant’s negative attitude rule by a 2-1 vote. The employee handbook provision prohibited “[i]nsubordination to a manager or lack of respect and cooperation with fellow employees or guests,” and specified that “[t]his includes displaying a negative attitude that is disruptive to other staff or has a negative impact on guests.” The restaurant relied upon the rule in discharging an employee after management received reports that the employee used profanity to disparage the restaurant in conversations with its customers.
Littler Mendelson, P.C. • March 06, 2014
Employee privacy and employer due process concerns were the focal point of Wednesday’s House Committee hearing on the National Labor Relations Board’s proposed expedited election rule. Last month, the Board re-issued an expansive proposal that would dramatically alter how union elections are conducted.
Brody and Associates, LLC • March 06, 2014
The “quickie election” or “ambush” election rule that would dramatically shorten the time period before a union representation election is held is back on the table. This rule was first introduced in 2011 by the National Labor Relations Board and struck down by the D.C. Circuit Court in 2012. This month, the newly-constituted Board issued a notice of proposed rulemaking reintroducing the rule as a way to “modernize” the election process, according to Board Chairman Mark Gaston Pearce.
Littler Mendelson, P.C. • March 06, 2014
The Equal Employment Opportunity Commission (EEOC) has announced that it will discuss the EEO law implications of social media use in the workplace during a public meeting next week. Topics to be addressed include how social media plays a role in recruitment and hiring, harassment, and records retention and discovery.
Ogletree Deakins • March 05, 2014
The efforts of the National Labor Relations Board (NLRB) to expand the definition of employee activity protected by section 7 of the National Labor Relations Act (NLRA) and its aggressive prosecution of employers alleged to have violated worker rights is well chronicled. It is completely understandable, therefore, that many human resources professionals and in-house counsel are reluctant to discipline employees when there is even a hint of protected concerted activity.
Franczek Radelet P.C • March 04, 2014
The National Labor Relations Board is now operating at full strength with five Board members who were properly nominated and confirmed. As a result, employers should expect increased activity as the Board seeks to make up for lost time. All signs point to a fully engaged Board as it seeks to resuscitate its “quickie” election rule and churns out decisions that play a role in shaping the workplace for union and non-union employers. The following provides an update on recent Board decisions and developments, including the latest “quickie” election developments.
Ogletree Deakins • March 03, 2014
On February 18, 2014, in Herrera v. Command Security Corp. d/b/a Aviation Safeguards, 2:12-cv-10968-SVW-RZx, the U.S. District Court for the Central District of California ruled that an employer’s withdrawal of voluntary recognition of a union and rejection of its collective bargaining agreement (CBA) could not be challenged in court as a violation of the “status quo” provisions of the Railway Labor Act (RLA).
Littler Mendelson, P.C. • March 03, 2014
Recently, on opposite coasts, healthcare union have been pressing voter ballot initiatives to win concessions from hospitals and other healthcare institutions that the unions have been unable to successfully negotiate.