News & Analysis as of

Non-Union

Employee's Right to a Witness

by Nexsen Pruet, PLLC on

Like a tennis match, an employee’s right to a witness during an employer’s investigatory interview has bounced back and forth over the years. This month the National Labor Relations Board confirmed that a non-union employee...more

NLRB Denies Petition to Use Its Rulemaking Power to Extend Weingarten Rights to Nonunion Employees

by McGuireWoods LLP on

On May 3, 2017, the National Labor Relations Board unanimously denied a petition filed by a former NLRB attorney asking the Board to grant nonunion employees the right to have a representative present during investigatory...more

OSHA Rescinds Guidance Allowing Nonunion Employees to Select Union Representatives to Participate in OSHA Inspections

by McGuireWoods LLP on

On April 25, 2017, the Occupational Safety and Health Administration’s Deputy Assistant Secretary released a memo withdrawing a 2013 interpretation that allowed nonunion employees to designate a union representative to...more

OSHA Rescinds Policy Allowing Union Access to Nonunionized Facilities

On April 25, 2017, the Occupational Safety and Health Administration (“OSHA”) rescinded a four-year-old policy allowing unions to participate in OSHA safety and health inspections at nonunionized facilities. Under a...more

OSHA Walks Back Allowing Union Representatives on "Walkarounds"

by Faegre Baker Daniels on

Heralding a shift at the Occupational Safety and Health Administration (OSHA), the Department of Labor has confirmed that an Obama administration OSHA memorandum permitting union or community organization representatives to...more

Lessons from Boeing's union election victory in Charleston

by McNair Law Firm, P.A. on

Many of you already know about Boeing workers soundly rejecting the Machinist Union’s effort to represent approximately 2,800 employees at Boeing’s Charleston facility. Seventy-four percent of voting employees desired to keep...more

Business Group Challenge to OSHA Interpretation Survives Motion to Dismiss and Leaves Serious Questions About Continued Viability...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a victory for employers, a Texas federal court has refused to dismiss a lawsuit challenging an OSHA interpretation under which non-employee union representatives were permitted to participate in OSHA...more

Rulemaking May Be Needed For OSHA To Include Union Reps In Inspections Of Non-Union Worksites, Judge Finds

As you may recall, the Occupational Safety and Health Administration issued a doozy of an Interpretation Letter back in 2013 allowing employees at non-union workplaces to designate non-employees, including “outsider” union...more

Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline,...more

Can a Single Employee Go On Strike Against a Non-Union Company?

The short answer is “yes.” The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members. One of those protections is the right to engage in a strike,...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

More Mythbusting

by Zelle LLP on

Here at the Navigator, we were very pleased by the positive reaction to last month’s post about employment law myths that can get employers in trouble, and we’re glad it was helpful. Although the inaccurate beliefs described...more

Canada Labour Code Clarified: Supreme Court Rules That Non-Unionized Employees Can Only Be Dismissed with Cause

by Field Law on

At common law, a non-unionized employee may be dismissed without cause or reasons if he or she is given reasonable notice of termination or pay in lieu. However, for non-unionized federal employees, the Supreme Court of...more

Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

by Bennett Jones LLP on

In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the “unjust dismissal” provisions in the Canada Labour Code mean non-union employees...more

Non-Union Employee’s “Bad Attitude” Protected by the NLRA

As a reminder that non-union employees are also protected by the National Labor Relations Act (NLRA), the Seventh Circuit Court of Appeals in Chicago recently upheld a National Labor Relations Board (NLRB) decision holding...more

Why the NLRB Should Matter To You if You’re Still Union-Free

by Shipman & Goodwin LLP on

Next week, I will be speaking at the CBIA Annual HR Conference along with my colleague Jarad Lucan about why you should care about the NLRB. Unfortunately, if you don’t already have tickets, it’s sold out. It’s being held at...more

Union Construction Unrest at Tesla Gigafactory

by Snell & Wilmer on

The Salt Lake Tribune reports that 350 union affiliated construction workers walked off the job at the Tesla Gigafactory construction site in Northern Nevada, with about 100 of them reportedly actively picketing the project....more

The Complaint Over Lunch With the Boss As Protected Activity

by Shipman & Goodwin LLP on

Is a non-union employee who speaks out about employment matters protected by the National Labor Relations Act? If so, under what circumstances? That question is critically important because if the employee is protected and...more

NYC To Provide Municipal Employees With Six Weeks of Paid Maternity, Paternity, Adoption And Foster-Care Leave As of January 1,...

by Genova Burns LLC on

On December 22, 2015, New York City Mayor Bill de Blasio announced that he will sign an Executive Order granting municipal managers and non-unionized workers up to 6 weeks of paid maternity, paternity, adoption and...more

“Round Up the Usual Suspects” and Violate the NLRA? The Implications of Extending Weingarten Rights to Nonunionized Workplaces

by Wilson Elser on

In a unionized workforce, an employer generally may not proceed with an investigatory interview if the employee under investigation demands representation by a union official. This so-called Weingarten right does not...more

Labor & Employment News: Facebook: Second Circuit "Likes" Employee Rights Under the NLRA

by Murtha Cullina on

Employers should continue to proceed with caution before disciplining employees for their Facebook activity. In Three D, LLC d/b/a Triple Play Sports Bar and Grille v. NLRB, the Federal Appeals Court for Connecticut, New York...more

The Long Reach of the National Labor Relations Act

by Foley & Lardner LLP on

Non-union employers are often under the misimpression that they are not affected by the National Labor Relations Act (NLRA) — the federal statute governing union-related issues in the private sector. A recent court decision...more

Canada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job"

by Field Law on

In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-changing decision when they unanimously found that without-cause dismissals of non-unionized employees are...more

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

by Littler on

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

by Holland & Knight LLP on

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

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