On November 30, 2011, by a vote of 2-1, a bitterly divided National Labor Relations Board (Board) resolved to move forward with some, but decidedly not all, of the procedural changes it had proposed on June 22. While the Board’s Democratic majority referenced its desire to reduce “unnecessary, expensive, and time-consuming litigation for the Board and all parties,” the dissenting Republican Member, and most observers, have more accurately described the measure as another effort to shorten the time from the filing of an election petition to the date of the election. This would make it more difficult for employers to communicate with employees prior to the vote, and make it easier for unions to win more elections (although unions are already winning elections at a historically high rate of around 70%!).
Continue Reading NLRB Votes To Change Union Election Procedures (But Doesn’t Go All The Way!)
NLRB Administrative Law Judge Issues Another Social Media Decision
Recently, a National Labor Relations Board (Board) Administrative Law Judge (ALJ) found that an employee who was discharged for posts he made on his Facebook page was not discharged in violation of the National Labor Relations Act. In Knauz Motors, Inc., the ALJ found that the employee’s Facebook posts contained both protected and non-protected activity, but that the employee was terminated for only the non-protected activity. As a result, the ALJ refused to find that the employee’s discharge was unlawful.
Interestingly, when the terminated employee was confronted by management with the Facebook posts, the employee reacted as many employees may react. He stated that his Facebook page was “none of [their] business.” However, while it may appear that the Board will go to great lengths to protect employee social media activity, not all employee social media activity is protected by the National Labor Relations Act. Some employee posts may, in fact, be an employer’s business.
Continue Reading NLRB Administrative Law Judge Issues Another Social Media Decision
NLRB Postpones Employee Notification Rule’s Effective Date
In August, the National Labor Relations Board (NLRB) issued a controversial Final Rule that would require most private-sector employers to notify their employees of their rights under the National Labor Relations Act with a new mandatory workplace poster. The rule’s effective date originally was November 14, 2011.
On October 5, 2011, the NLRB announced that it was delaying the implementation date for the notice-posting rule until January 31, 2012. The NLRB claimed that it postponed the deadline “in the interest of ensuring broad voluntary compliance.” Other reports indicate that the NLRB postponed the implementation date in response to a specific request to do so by the Judge in one of the pending cases challenging the rule.
Continue Reading NLRB Postpones Employee Notification Rule’s Effective Date
NLRB Issues Controversial Employee Notification Rule
On August 25, 2011, the National Labor Relations Board ("NLRB") announced the issuance of a "Final Rule" that will require employers to notify employees of their rights under the National Labor Relations Act ("NLRA"). The Final Rule will take effect on November 14, 2011.
Which employers are affected by the Final Rule? The Final
NLRB Announces Proposed Rule Changes That Will Greatly Assist Union Organizing
This post was contributed by Bruce D. Bagley, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Group, and Adam L. Santucci, Esq., an Associate in the Group.
On June 22, 2011, the National Labor Relations Board (Board) published a Notice of Proposed Rulemaking that, if finalized, would
National Labor Relations Board Proposes Rule Requiring Posting of Employee Rights
On December 21, 2010, the National Labor Relations Board ("Board") issued a Notice of Proposed Rulemaking (pdf), which, if finalized, would require employers to notify employees of their rights under the National Labor Relations Act ("Act"). If you would like to review the Board’s News Release regarding the proposed rule, please click here (pdf)
Obama Board Expands Unions’ Right To Engage In Secondary Boycotts: Stationary “Bannering” Held Not Equivalent To Picketing And Deemed To Be Lawful
This post was contributed by Bruce D. Bagley, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Practice Group.
In its first major ruling since being reconstituted by President Obama, the Democrat-controlled National Labor Relations Board (NLRB) has rejected the position of the NLRB’s General Counsel and has determined that stationary
Failure to Pay Union Dues is Willful Misconduct under Pennsylvania Unemployment Compensation Law
In the recent case of Anderson Equip. Co. v. Unemployment Comp. Bd. of Review, 994 A.2d 1192 (Pa. Commw. Ct. 2010) (pdf), the Commonwealth Court of Pennsylvania examined whether an employee engages in willful misconduct when he fails to pay union fees and dues in violation of his employer’s collective bargaining agreement (CBA). The court held that
New Employee Rights Poster Issued for Federal Contractors
Executive Order 13496, requires federal contractors to post a notice regarding employee rights under the National Labor Relations Act, among other things. The Department of Labor (DOL) recently issued final regulations (pdf) implementing the Executive Order.
Who is covered by the posting requirement?
Prime contracts under $100,000 and subcontracts under $10,000 are not covered by
EFCA Resurrected: Pennsylvania Senator Specter switches Political Parties
Veteran Republican Senator Arlen Specter disclosed plans Tuesday to switch parties, a defection that will move Democrats closer to total control of the U.S. Senate. The switch may also revive EFCA in its original form despite Senator Specter’s withdraw of support for the pro-union legislation last month. Senator Specter faces a difficult primary in Pennsylvania.
Senator