News & Analysis as of

Non-Union National Labor Relations Board

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

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

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

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

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

“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

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

Employer beware: NLRA rulings often conflict with existing employer policies

by McAfee & Taft on

One of the biggest misconceptions employers have is that the National Labor Relations Act (NLRA) only applies to unionized employers. As a result, employers may hear of an adverse ruling from the National Labor Relations...more

Invalid NLRB Recess Appointments Mean Controversial Decisions Get a Second Look

In Noel Canning, the U.S. Supreme Court unanimously decided that President Obama’s January 2012 recess appointments to the National Labor Relations Board (“NLRB” or the “Board”) violated the Constitution. Non-union and union...more

The NLRB Battle Continues Against Even the Most Basic of Employee Rules

by BakerHostetler on

The war on reason being waged by the National Labor Relations Board and its Administrative Law Judges against primarily non-union employers continues. From the decisions appearing almost weekly, it seems that a design exists...more

NLRB Discounts Use of Handbook Disclaimers to Avoid Interference Claims

Over the past year, EmployNews has reported a growing series of decisions by the National Labor Relations Board calling into question the use of common employee handbook policies by non-unionized employers. These decisions...more

NLRB Strikes Down “Negativity” Policy

by Hirschfeld Kraemer LLP on

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks. Last week...more

Federal Court Enforces NLRB’s Decision To Strike Down Overbroad Confidentiality Policy

by Hirschfeld Kraemer LLP on

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks. In a...more

On the 10th Day of Privacy, my employer gave to me …..

And, no — it was not a big fat bonus. On this 10th Day of Privacy, we look ahead at employment related privacy issues …. As use of social media and other technologies continue to raise serious employment-related...more

An NLRB at Full Strength Means Problems for Non-Union Employers

by Winstead PC on

Earlier last week, the Senate confirmed the President’s nominations to the National Labor Relations Board (“NLRB”). For the first time in over 10 years, the NLRB now has a full complement of five members. ...more

Closing Shop: Courts Look to Rein in the NLRB

by BakerHostetler on

Over the past several years, the National Labor Relations Board (“NLRB” or “Board”) has engaged in an aggressive campaign to extend its reach into non-union workplaces with the goal of facilitating unionization....more

NLRB Takes Aim at Non-Union Employers

by Baker Donelson on

The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a...more

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

by Franczek Radelet P.C. on

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

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

by Pierce Atwood LLP on

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

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