News & Analysis as of September 25, 2024

Anti-Harassment Policies

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Profanity or Protected Speech?

Akerman LLP - HR Defense on 8/30/2022

Imagine this, an employee writes profanity (“whore board”) on a company bulletin board, the employer terminates the employee for the profanity, and the National Labor Relations Board (“NLRB”) holds that the employee’s...more

Explicit Graffiti Case Illuminates The Necessity of Consistent and Uniform Enforcement of Anti-Bias Workplace Rules

Amundsen Davis LLC on 8/15/2022

In Constellium Rolled Products Ravenswood v. NLRB, the U.S. Court of Appeals for the District of Columbia Circuit addressed the tension between a worker’s Section 7 protected and concerted activity rights under the National...more

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on 8/12/2022

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

NLRB Holds that Leaflet Outlining Consequences for Threatening Workers Is Not Unlawful

Proskauer - Labor Relations Update on 12/28/2020

In adopting the ALJ’s Recommended Order in S&S Enterprises, LLC d/b/a Appalachian Heating, Case No. 09-CA-235304, the NLRB found that a leaflet distributed by the employer during union organizing efforts, which stated that it...more

Where Does the NLRA Draw the Line Between Harassment and Protected Activity?

Spilman Thomas & Battle, PLLC on 9/4/2020

As most employers have discovered, Section 7 of the National Labor Relations Act protects employees who engage in “concerted activities for the purpose of collective bargaining,” and it is unlawful for employers to interfere...more

Sticks and Stones…The NLRB Rethinks Its Position on Abusive Workplace Speech by Employees While They Are Engaged in Protected...

Sheppard Mullin Richter & Hampton LLP on 7/24/2020

On Tuesday, the National Labor Relations Board (NLRB or Board) issued its much-awaited decision in General Motors, LLC (GM), 369 NLRB No. 127 (2020), in which it held that abusive or inappropriate workplace speech by...more

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National Labor Relations Board › Protected Concerted Activity › Anti-Harassment Policies

Profanity or Protected Speech?

Explicit Graffiti Case Illuminates The Necessity of Consistent and Uniform Enforcement of Anti-Bias Workplace Rules

Nasty language may be protected concerted activity, court says

NLRB Holds that Leaflet Outlining Consequences for Threatening Workers Is Not Unlawful

Where Does the NLRA Draw the Line Between Harassment and Protected Activity?

Sticks and Stones…The NLRB Rethinks Its Position on Abusive Workplace Speech by Employees While They Are Engaged in Protected...

Employment Flash - January 2019

Employment Law - October 2015 #2

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

NLRB: Employer’s Harassment Investigation Lawful, But Not Resulting Discipline

National Labor Relations Board › Protected Concerted Activity › Anti-Harassment Policies

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