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As readers of this blog surely are aware, the National Labor Relations Board (NLRB) has embarked on a crusade against overbroad social media policies and handbook language. Notably, in a trio of social media reports, the NLRB’s Office of General Counsel suggested that prohibitions on offensive, demeaning, and inappropriate comments or statements that could damage the reputation of the company or its employees are unlawfully vague and could have a chilling effect on employee communications critical of the terms and conditions of their employment. Moreover, the Office of General Counsel expressed its opinion that the inclusion of a Section 7 disclaimer would not save an ambiguous policy. Recent decisions, however, signal that the NLRB has adopted a contrary position.
Continue Reading NLRB Decisions Suggest that Section 7 Disclaimer Could Save Vague Policies

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

Back in December, we posted about the NLRB’s resolution to change union election procedures. Among other things, the pro-union rule shortened the time between the filing of an election petition and the date of the election, thereby making it more difficult for employers to communicate with employees prior to the vote. Following a vote on the final rule, the rule took effect on April 30, 2012. However, on May 14, 2012, the union election rule was held to be invalid.
Continue Reading NLRB’s “Quickie Election” Rule Held Invalid on Technical Grounds

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