Non-Union

OSHA Opens Worksites to Allow Union Representatives to Participate in Walk-around Inspections of Non-Union Companies

by Fisher & Phillips LLP on 5/25/2013

In a new letter of interpretation publically released on April 5, 2013 (originally dated February 5, 2013), the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection...more

A Wolf at the Door: Could a Labor Union Encourage Your Employees to Ask OSHA to Inspect Your Non-Union Facilities – Then...

by Michael Mallen, William G. Trumpeter | Miller & Martin PLLC on 5/23/2013

Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an employer’s property at any time. Workplace inspections conducted by OSHA...more

Interpretation Letter Permits Union Organizers To Be Employee Representatives During OSHA Inspections At Non-Union Worksites

by Jodi M. Frankel, Andrew Levy | McNees Wallace & Nurick LLC on 5/22/2013

The Occupational Safety and Health Administration (“OSHA”) recently released a Letter of Interpretation authorizing employees at non-union workplaces to designate union organizers to act as their employee representative...more

Non-Union Employees at Worksite Safety Inspections Contradicts OSHA Regulation and Creates Host of Issues for Employers

by Tressi L. Cordaro | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/6/2013

With private sector union density steadily declining, unions will take help anywhere they can get it. The most recent case in point: the Occupational Safety & Health Administration (OSHA) issued an interpretation letter on...more

NLRB Orders Reinstatement And Backpay For Employee Who Was Unlawfully Discharged For Discussing Salary Information At Work

by Neil S. Goldsmith | Franczek Radelet P.C. on 2/28/2013

Despite the uncertainty surrounding the legitimacy of the current National Labor Relations Board in the wake of the Noel Canning decision, the Board has continued to issue decisions that have serious consequences for...more

Non-Compete Agreements Survive Labor Board Scrutiny — For Now

by Devin Dolive | Burr & Forman on 2/20/2013

The National Labor Relations Act (the “NLRA”) has always applied to both unionized and non-unionized workplaces. However, one of the priorities of President Obama’s appointees to the National Labor Relations Board (the...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 2/12/2013

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

Non-Union Employer’s Mandatory Arbitration Provision Violates The NLRA

by Edward Druck, Josh Meeuwse | Franczek Radelet P.C. on 1/29/2013

The National Labor Relations Board (NLRB) continues with its trend of finding fault with employer policies, this time holding that a non-union company’s mandatory grievance and arbitration policy violated the National Labor...more

NLRB Gets Busy – Part 1 NLRB Departs From Decades Of Precedent

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 1/22/2013

The close of 2012 brought a flurry of activity by the National Labor Relations Board and the Board has not slowed down in the New Year. Several of the Board’s recent decisions mark significant departures from decades of...more

The Second Obama Term: NLRB Outlook

by Morgan Lewis on 1/22/2013

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining....more

NLRB: Use of Social Media Can Be Protected Employee Activity

by Jeff Ifrah on 1/22/2013

The rise of social media has led to the application of old law to new forms of communication. For instance, an effort by the National Labor Relations Board to educate workers on their right to engage in protected concerted...more

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

by Brian Doyle, David J. Santeusanio | Holland & Knight LLP on 1/16/2013

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

What Some Would Call Harassment, The NLRB Calls Protected Concerted Activity

by Katherine Rand | Pierce Atwood LLP on 1/10/2013

Last month, the National Labor Relations Board (NLRB) issued its latest opinion on the scope of employees’ Section 7 rights while posting on social media sites like Facebook. Hispanics United of Buffalo, which involved the...more

Will The NLRB's Protection Of Water Cooler Conversations Trump A Company's Right To Keep Its Investigations Confidential?

by Catherine M. Foti | Morvillo Abramowitz Grand Iason & Anello P.C.... on 1/10/2013

Over the past year, the National Labor Relations Board has issued a series of decisions that have significantly expanded the rights of non-supervisory employees, including non-unionized employees, to discuss information that...more

NLRB Protects Nonunionized Workers - Again

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 1/9/2013

The National Labor Relations Board has issued yet another decision pertaining to non-unionized workplaces. This time, in Supply Technologies, LLC, the Board found that an employer’s mandatory grievance-arbitration policy...more

NLRB: Discharging Non-Union Employee’s for Facebook Posts Violated NLRA

by Adam S. Forman, David G. King | Miller Canfield on 12/24/2012

In September 2011, we alerted you to the decision in Hispanics United of Buffalo, a decision by a National Labor Relations Board (NLRB) Administrative Law Judge (ALJ) examining an employer’s termination of employees because...more

NLRB Decision Regarding Confidentiality of Employer Investigations

by James H. Kizziar Jr. | Bracewell & Giuliani LLP on 11/14/2012

As a result of a recent ruling by the National Labor Relations Board (NLRB), non-union employers who have a practice or policy that prohibits employees from discussing ongoing internal investigations of workplace misconduct...more

NLRB eyes non union workplaces

by Eli Kantor on 11/12/2012

My article entitled "NLRB eyes non union workplaces" discusses the NLRB's recent intrusion into non union workplaces. The NLRB is already limiting what employers can say in their social media policies. Now it is attempting to...more

NLRB Administrative Law Judge Further Expands Controversial D.R. Horton Decision, Strikes Down Non-Mandatory Arbitration Agreement

by Franczek Radelet P.C. on 11/12/2012

The continuing saga over the treatment of the National Labor Relations Board’s (NLRB) D.R. Horton, Inc. decision and the broad implications that it holds for both union and non-unionized workforces recently added another...more

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