Union membership and the public perception of the role of labor unions are relatively unchanged in recent years. Union membership was up only slightly in 2007 based on a report by the Bureau of Labor Statistics of the Department of Labor, which published the following statistics on union membership:
Percentage of unionized workforce
October 16th is the annual celebration of Boss’s Day, which has traditionally been the day for employees to “thank their boss for being kind and fair throughout the year”. In most workplaces, it is clear who is a boss and who is not. The boss is the one who tells you what to
One big frustration for union organizers is access to employees for the purpose of soliciting union authorization cards and peddling the union message. Sophisticated employers have no solicitation policies, which force union organizers out of the workplace and into the parking lots and homes of employees.
The primary barrier to union home visits is determining where
In Pichler, et al. v. UNITE, the United States Court of Appeals for the Third Circuit has weighed in on the controversial union organizing tactic known as "tagging." In its effort to organize employees of Cintas Corporation, the largest domestic employer in the industrial laundry industry, UNITE (Union of Needletrades, Industrial & Textile Employees) engaged
Sometimes a wait and see approach is the right call when it comes to proposed legislation, but not for nonunion employers facing the possible passage of the Employee Free Choice Act (EFCA). EFCA will radically change the way unions organize employers by eliminating the “campaign” phase and secret ballot election that have been the hallmark of
Companies face increased energy cost as the nation’s average gasoline price reached $4.00 per gallon this week spurring a new round of cost cutting measures. Even in prior years, some employers have allowed employees to work alternate workweek schedules, such as four 10 hour days, for summer months. When this schedule is feasible from a production and
Freedom of Speech is a right granted by The United States Constitution and enjoyed by all Americans. Employees exercising their free speech rights by blogging, posting on MySpace and YouTube may be surprised to learn limits of their Constitutional protections and should acquaint themselves with the term “dooced”.
Generally, employees of private sector employers have
Kris Dunn at the HR Capitalist has a post on The "Love Broker" – Making Your Employees Sign A Workplace Relationship Prenup… Are such contracts really necessary and do they offer any legal protection?
While taboos on workplace romance may have eased, legal and morale problems persist. Office surveys show that 40% of workers admitted
The EEOC announced a $1 million settlement for sex discrimination against men arising from a restaurant’s preference for hiring and promoting only women into bartending positions. The lawsuit highlights the tension between a business’s marketing efforts and legal compliance. What marketers may pander to in the name of “customer preference,” employment laws prohibit as discrimination.
Businesses spend
The National Labor Relations Board (NLRB or Board) issued an important decision concerning employee usage of company e-mail systems for purposes of union solicitation. In The Guard Publishing Company d/b/a The Register-Guard, 351 NLRB No. 70 (2007), the Board narrowly held, by a 3-2 majority, that the Company did not commit an unfair labor practice by maintaining a policy that prohibited the use of e-mail for all “non-job-related solicitations.” The Board held that employees have no statutory right to use their employer’s e-mail system for Section 7 purposes (such as union organizing or engaging in other protected concerted activities). Additionally, the Board modified its approach regarding discriminatory enforcement of employer policies related to solicitation, postings on employee bulletin boards, and other forms of employee communications.
This case raises implications for every employer who either (1) has a union and is concerned about union or employee usage of e-mail or (2) is non-union and wishes to utilize its no solicitation and employee communication policies to help lawfully limit outside solicitations. If a non-union employer waits until union activity actually emerges and then revises its policies, those revisions may be deemed by the NLRB to be unlawfully motivated. Changes to a company’s employee communications policies, particularly no solicitation policies, should be carefully reviewed for legal compliance.
The Guard is a unionized newspaper publisher. The Company’s employee communications systems policy (CSP) stated as follows:
Company communication systems and the equipment used to operate the communication system are owned and provided by the Company to assist in conducting the business of The Register-Guard. Communications systems are not to be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations.
Continue Reading NLRB Limits Right to Use Company E-Mail for Union Organizing