The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target. Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more
11/15/2022
/ Artificial Intelligence ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Rights ,
Employee Tracking ,
Employer Liability Issues ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
Section 7
Elections for union representation have long been conducted in-person and with manual ballots. The National Labor Relations Board has a strong preference for in-person representation elections. However, the COVID-19...more
For employers, the National Labor Relations Board’s rules for interpreting employer policies have been among the most difficult to navigate the last 15 years. The Board utilized a “reasonably construe” test that resulted in...more
8/29/2018
/ Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
New Guidance ,
New Rules ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Unfair Labor Practices ,
Unions
In its short time, the newly reconstituted National Labor Relations Board has returned to the past on important labor-management subjects. With the new administration in Washington, most observers expected the NLRB to revisit...more
The National Labor Relations Board (NLRB) demonstrated intent to change the traditional employer-employee relationship to broaden unionization in the United States in a series of cases over the last year. In three cases, the...more
The employment laws with which businesses must comply continue to grow in complexity and number. Within the last few months alone, federal agencies have been busy releasing new guidelines affecting a myriad of workplace...more
Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like”...more
Union election petitions and quicker elections have been the immediate effect of the National Labor Relations Board’s new election rules which took effect on April 14, 2015. The new rules were intended to speed up the...more
The National Labor Relations Board’s new election rules, which include changes allowing for so-called “ambush elections,” will not be blocked by Congressional resolution after all. On March 31, President Obama vetoed a joint...more
The new “ambush election” rules from the National Labor Relations Board (NLRB), which are scheduled to take effect April 14, were the subject of a disapproving resolution from the U.S. Senate this week. The Senate voted 53-46...more
The National Labor Relations Board recently issued its new rule for union organization elections. The new rule makes several changes, most significantly shortening the time frame for conducting a union election, requiring the...more
Late last week, the National Labor Relations Board changed the rules on employee use of the employer’s email systems for labor organizing. The Labor Board’s new rule is that employee use of email for union-related...more
Employers may have become familiar with some of the legal and human resources issues involving social media use by employees. However, one social media platform offers an illustration of the many evolving legal, human...more
Originally published in The Journal Record - February 7, 2013.
Employers concerned with recent expansive rulings by the National Labor Relations Board got a significant measure of relief on Jan. 25. The U.S. Court of...more