Labor Law - The Basics 2013



I. The NLRA and the NLRB

II. NLRB Regional Offices

III. Unions and Elections

IV. Appropriate Units – Community of Interest

A. Statutory Exclusion

1. Agricultural Employees

2. Independent Contractors

3. Individuals Employed by Parents or Spouses

4. Domestics

5. Employees of Non-Employees

6. Supervisors

B. Board Policy Affects “Community of Interest” of Certain Classifications of Employees

1. Confidential Employees

2. Managerial Employees

3. Relatives of Management

4. Plant Clericals and Office Clericals

5. Technical Employees

C. Statutory Limitations

1. Professionals

2. Guards

3. Craft/Departmental

D. Units—Frequent Issues

1. Multi-Plants

2. Multi-Employer

3. Rulemaking

4. Extent of Organization

V. The NLRA Protects Employees’ Right to Engage in Concerted Activities for Mutual Aid and Protection

A. What Are Concerted Activities

B. No Single Definition of “Concerted Activities”

C. Losing the Act’s Protection

D. Concerted Activities - Areas of Concern

E. Social Media – Avoiding NLRB Scrutiny

VI. Investigation and Prosecution of Unfair Labor Practice Charges

A. Statute of Limitations

B. Investigations and Prosecutions

C. ULP Hearing

D. Appeals to the NLRB and to the Court

E. Discretion of the NLRB

VII. Conclusion

- Excerpt from I. THE NLRA AND THE NLRB:

The National Labor Relations Board (“NLRB” or “Board”) is an independent federal agency charged by Congress with enforcing and administering the National Labor Relations Act (“NLRA” or “the Act”). 29 U.S.C. § 151 et. seq. The Act encompasses the basic labor-management relations policy of the United States. Its goal is to mitigate and eliminate obstructions to the free flow of commerce arising out of industrial strife.

The Board consists of five members appointed by the President with the approval of the Senate for five-year staggered terms. New Process Steel v. NLRB, 1380 S.Ct. 2635 (2010); Noel Canning v. NLRB, ___ F.3d ___ No. 12-1115, 2013 W.L. 276024 (D.C. Cir. 1/25/13).

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