NLRA

Subscribe to NLRA

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama’s "recess" appointments to the National Labor Relations Board were invalid. The court concluded that, as a result, the Board was acting without a quorum and did not have the…

We previously reported that a National Labor Relations Board Administrative Law Judge issued an interesting decision involving an employee who was discharged for posts he made on his Facebook page. In that case, the ALJ found that the employee was not discharged in violation of the National Labor Relations Act, because even though some of the employee’s Facebook posts were protected, the employee’s termination was based on only non-protected posts. Recently, the Board upheld the ALJ’s decision, providing helpful guidance to employers on the limits of the NLRA’s protections.
Continue Reading Discharge Over Facebook Posting Lawful

The National Labor Relations Board recently issued a decision holding that an employer violates the National Labor Relations Act by establishing workplace investigation procedures, policies, or forms that attempt to prohibit employees from discussing ongoing workplace investigations with their coworkers. Specifically, the Board concluded that such a rule violates Section 7 of the NLRA, which protects employees’ rights to engage in “concerted activities” for their mutual aid and protection.
Continue Reading NLRB Decision Could Interfere With Workplace Investigations

The National Labor Relations Board’s (“NLRB”) Acting General Counsel (“AGC”) released yet another social media report recently (pdf), the third report in the last nine months. The report summarizes the AGC’s view on seven social media policies’ compliance with Sections 7 and 8 of the National Labor Relations Act (“NLRA”). This latest report, unlike the last two reports, does provide some guidance to employers on how to craft a social media policy that the AGC would deem lawful under the NLRA.
Continue Reading Three’s Company: NLRB Issues Third Social Media Policy Report

On April 17, 2012, in response to an emergency motion, the Court of Appeals for the D.C. Circuit issued an injunction blocking the National Labor Relations Board from implementing its notice posting rule, which was set to go into effect at the end of the month. The D.C. Circuit’s order follows on the heels of a South Carolina opinion striking the posting rule as beyond the scope of the Board’s authority.

As a result of the court’s injunction, employers are relieved from having to comply with the notice posting rule until the conclusion of the appeal. While the appeal is on an expedited schedule, a decision is not expected until September 2012 at the earliest.
Continue Reading NLRB Notice Posting Saga Continues: Federal Court Blocks Board’s Rule

The National Labor Relations Board’s (“NLRB”) aggressive campaign to educate non-union employees about their rights under the National Labor Relations Act (“NLRA”) is in full swing.

In addition to the mandatory notice posting requirement that will go into effect for all employers on April 30, the NLRB recently announced its plan to launch a new website designed to educate both union and non-union employees about their rights under the NLRA. These rights include the rights to discuss working conditions and to present grievances to their employers. Under the NLRA, employees have a right to engage in such “protected concerted activity,” even when they are not union employees or involved in union organizing efforts.
Continue Reading NLRB to Expand Outreach Campaign Targeting Nonunion Employees

On December 23, 2011, the National Labor Relations Board announced that it had agreed to again postpone the effective date of its controversial Employee Notice Posting Rule. In the news release announcing the postponement, the Board confirmed that the postponement was agreed to at the request of a federal court in Washington, D.C., which is hearing one of the legal challenges to the Notice Posting requirement.

On October 6, 2011, we discussed the requirements of the Notice Posting Rule and the Board’s announcement that it was delaying the implementation date for the Notice Posting Rule until January 31, 2012. The Notice Posting Rule will now become effective on April 30, 2012, if the challenges to the Rule are unsuccessful.
Continue Reading NLRB Again Postpones Employee Notice 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

On September 6, 2011, the National Labor Relations Board (Board) announced that a Board Administrative Law Judge (ALJ) had issued the first decision involving employee social media use. In the decision, Hispanics United of Buffalo, Inc., the ALJ ruled that the non-profit employer unlawfully discharged five employees after the employees posted comments on Facebook.

The ALJ first found that the small non-profit organization (which after the terminations at issue had only 25 employees) was covered by the National Labor Relations Act (NLRA), even though the organization operated only in the Buffalo, New York area. The ALJ went on to hold that the employees’ Facebook comments amounted to concerted protected activity under the NLRA, and as such, their comments were shielded from discipline. The ALJ concluded that the terminations were therefore unlawful, and ordered the employees reinstated with back pay.
Continue Reading First NLRB Administrative Law Judge Opinion On Employee Discipline For Social Media Use