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Archive of: Labor Relations

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NLRB POSTING RULE AGAIN DELAYED

Posted by Attorney David McClurg in Business Management, Labor Relations / Comments

We have yet another turn in the saga of the controversial NLRB Rule requiring employers to post a notice of employee rights under the National Labor Relations Act. After two previous delays in the implementation date motivated by requests from one of the federal courts considering challenges to the NLRB’s authority to require employers to post such notices, the Rule was set to become effective on April 30, 2012.A ...

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NLRB POSTING UPDATE - YOU MAY HAVE TO POST BUT THE CONSEQUENCES FOR NOT DOING SO ARE MINIMAL

Posted by Attorney Roger L. Pettit in Business Management, Labor Relations / Comments

In previous blog posts we have discussed the National Labor Relations Board’s new posting rule (the Final Rule) which has been delayed several times.  The delays were, in part, because of lawsuits filed by various employer groups who challenged The Final Rule on several grounds.  The primary challenges included arguments that being required to post the NLRB’s notice violated the employer’s First Amendment Rights; that the Final Rule was ...

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LEGAL CHALLENGES TO NLRB POSTER RESULTS IN FURTHER DELAYS

Posted by in Employer-Employee Relationship, Business Management, Labor Relations / Comments

The NLRB has once again delayed the date that its somewhat controversial poster, required by the NLRB to be posted in all workplaces, must be posted.  As noted in prior blog posts, the poster was originally to be posted on or before November 14, 2011.  Legal challenges to the rule requiring the poster were filed, and as such the NLRB delayed its posting date to January 31, ...

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Ten New Year’s Resolutions for Human Resource Professionals

Posted by Attorney David McClurg in Employer-Employee Relationship, Human Resources, Business Management, Labor Relations / Comments

1)         I will focus on improved documentation to support employment decisions. 2)         I will routinely engage employees with physical or mental impairment in an interactive process to evaluate potential accommodations. 3)         I will ask job applicants about potential accommodations (but never about the existence or nature of any disability) ONLY if:a) I reasonably believe the candidate has a need for accommodation because of an obvious disability;b) I reasonably believe the candidate may ...

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NLRB Pushes Ahead on “Quickie Election” Rule

Posted by Attorney David McClurg in Labor Relations / Comments

The National Labor Relations Board ("NLRB") has announced that on November 30th it will conduct a public meeting at which it will vote whether to issue final rules regarding certain provisions of the so called "quickie election" procedures the NLRB proposed on June 22, 2011.  The specific provisions of the final rules are not yet known, but it seems likely that they will provide for significantly faster processing ...

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EMPLOYEE RIGHTS REVISITED: WHAT THE NEW NLRB POSTER DOESN’T TELL EMPLOYEES ABOUT THEIR RIGHTS

Posted by Attorney Roger L. Pettit in Business Management, Labor Relations / Comments

In a previous post we reminded employers that beginning November 14, 2011 a new poster has to be displayed in the workplace that purports to advise employees of their rights under the National Labor Relations Act (NLRA). What the official poster stresses are employee rights and employer prohibitions as they relate to the presence of organized labor (Labor Unions) in the workplace.On October 5, 2011, the National Labor Relations ...

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Facebook Posts Protected Under the NLRA;Employer Required To Reinstate Terminated Employees

Posted by Attorney David McClurg in Business Management, Technology, Labor Relations / Comments

As indicated in our earlier posts, the National Labor Relations Board (“NLRB”) has been focusing significant attention on employees’ rights to communicate about workplace issues on social media sites. Most of the recent unfair labor practice charges the Board has filed against employers for disciplining employees based on such communications havebeen settled without a hearing or a decision on the merits of the charges.  That changed earlier this month when ...

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NLRB Final Rule Requires Posting of Employee Rights Under the NLRA

Posted by Attorney David McClurg in Labor Relations / Comments

Despite strong objections from the buiness community, the NLRB has issued a Final Rule requiring that both union and non-union employers post an extensive Notice advising employees of their rights under the National Labor Relations Act.  The specific language to be included in the Notice, which must be posted by November 14, 2011, is set out in  the Rule.  Among other things, the Rule requires advising employees that they have the ...

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Department Of Labor Seeks Reporting of Union Avoidance Consultations

Posted by Attorney David McClurg in Labor Relations / Comments

The Department Of Labor (DOL) oversees the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), which requires unions, employers and "persuaders" to report certain information and activities for public disclosure. Reports must be made by any employers, consultants or lawyers who enter into agreements seeking to influence employees’ decisions on whether to exercise their collective bargaining rights. In addition to the identity of the parties to the agreement, the report must ...

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NLRB's Proposed Rule on "Quickie" Elections Criticized

Posted by Attorney David McClurg in Labor Relations / Comments

Given congressional inaction on the Employee Free Choice Act (“EFCA”), President Obama’s appointees on the National Labor Relations Board (“NLRB) have dusted off agency rulemaking powers last used by the Board in 1989. After proposing a rule requiring employers to post a detailed notice of employees’ rights to organize for collective bargaining purposes, the NLRB recently announced another proposed rule that would dramatically shorten the period of time between the ...

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