In a long-awaited decision, a split National Labor Relations Board has adopted a new test to determine joint-employer status, expanding the possibility that an employer utilizing staffing or temporary workforce agencies may be considered a joint-employer. In Browning-Ferris Industries of California, Inc., the NLRB determined that both the recycling facility and the staffing agency
Unions
3 Ways Businesses Can Protect Themselves in Pro-Union Times
By Donald R. Keller on
Posted in Unions
Do your work rules align with recent National Labor Relations Board rulings? Are you prepared to ward off a unionization campaign? Check out this McNees article on the subject!
NLRB GC Release Report Offering Employers Guidance on Handbook Policies
By Adam Santucci on
Posted in Unions
The National Labor Relations Board’s Office of General Counsel recently released a Report of the General Counsel Concerning Employer Rules, which is apparently designed to offer guidance to employers regarding workplace rules. We can summarize the 30 page memo as follows: the GC does not like your rules.
The memorandum contains several examples of…
The National Labor Relations Board 2014 Year in Review
By Lee Tankle on
Posted in Unions
McNees Attorneys Bruce D. Bagley and Adam L. Santucci recently released their annual White Paper entitled “The National Labor Relations Board 2014 Year in Review.”
If the National Labor Relations Board seemed to be on the ropes in 2013, it certainly came out swinging in 2014. Last year, we reported that the Board faced a…
New NLRB Determination Makes It Easier For Unions To Organize Faculty At Universities And Colleges
By Lee Tankle on
Posted in Unions
In still another break with long-standing precedent, the National Labor Relations Board (NLRB) has once again eased the way for union organizing – this time for unions seeking to organize faculty at private sector universities and colleges. In Pacific Lutheran University, 361 NLRB No. 157 (December 2014), the Board adopted a new standard for determining when faculty may be considered to be “managerial employees,” which in turn critically impacts whether they may be subject to unionization.
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NLRB Re-Issues “Quickie Election” Rule In Continuous Effort to Boost Union Organizing
By Lee Tankle on
Posted in Unions
Yesterday, December 15, 2014, the National Labor Relations Board issued its Final Rule amending election procedures in what most observers are calling the “Quickie Election” Rule. Once the rule becomes effective in April, elections will be held approximately 10 to 21 days after a union election petition has been filed – with profound consequences for non-union employers.
Continue Reading NLRB Re-Issues “Quickie Election” Rule In Continuous Effort to Boost Union Organizing
The Obama NLRB Strikes Another Blow on Behalf of Organized Labor: Employees May Use Company E-Mail Systems to Unionize and Engage in Other “Protected Concerted Activities”
By Lee Tankle on
Posted in Unions
The National Labor Relations Board (NLRB) recently decided that employees must presumptively be permitted to use their employer’s e-mail system, during non-working time, to communicate with each other about workplace issues, including but not limited to union organizing efforts.
Continue Reading The Obama NLRB Strikes Another Blow on Behalf of Organized Labor: Employees May Use Company E-Mail Systems to Unionize and Engage in Other “Protected Concerted Activities”
NLRB Modifies Standard Remedial Notice to Include QR Code and Link to Board’s Web Site
By Lee Tankle on
Posted in Unions
The National Labor Relations Board recently took the opportunity to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a remedy for unfair labor practices.
Continue Reading NLRB Modifies Standard Remedial Notice to Include QR Code and Link to Board’s Web Site
Would You Like Fries . . . and an Unfair Labor Practice Charge with That?
By Adam Santucci on
Posted in Unions
Mainstream media, attorneys, and business owners are discussing the meaning and impact of a two paragraph press release issued by the Office of the General Counsel of the National Labor Relations Board (NLRB), which is the “prosecuting arm” of the NLRB. In the press release, the General Counsel indicated he has authorized the issuance of unfair labor practice (ULP) complaints against franchisor McDonald’s USA, LLC for the actions of its franchisees.
Continue Reading Would You Like Fries . . . and an Unfair Labor Practice Charge with That?
Screaming Profanities and Threatening the Boss Not Enough to Get You Fired According to NLRB
By Lee Tankle on
Posted in Unions
Yep, that’s right. The employee’s outburst is too obscene to reproduce on the Blog, but suffice to say that the employee, who was employed for only about two months: (1) called the owner of the company a crook and a number of other colorful names; (2) the attack was personal and contained a veiled threat; and (3) was described as “physically aggressive” by a Board Administrative Law Judge. Should be enough to get you fired, right? Not with this Board.
Continue Reading Screaming Profanities and Threatening the Boss Not Enough to Get You Fired According to NLRB