Late last month, National Labor Relations Board, through its acting general counsel, issued a third report on social media cases. You can find a copy of the report here. In this most recent report, the NLRB reviews a number of employers’ social media policies and reaches some baffling conclusions that the policies are contrary to the NLRA. For employers, the NLRB’s latest missive will make it much more difficult to [...]
On May 14, 2012, the United States District Court for the District of Columbia ruled that the National Labor Relations Board lacked a quorum to adopt the “ambush election” rule. While the current NLRB board may adopt its own “ambush election” rule, the current ambush election rule is now stayed. As you may recall, back in July, the board had four members when it held hearings about the ambush election [...]
As many of you may know, the National Labor Relations Board’s (“NLRB”) decision in the Specialty Healthcare case overruled 20 years of practice regarding how it determines the "appropriate unit." Although it was hoped that this change impacted only non-acute health care facilities, it is now clear that the NLRB will apply the Specialty Healthcare decision across the board. What is an appropriate bargaining unit under Specialty Healthcare? In essence, [...]
Well, it finally happened--a judge has ruled that an employee cannot be fired for Facebook posts. In this case, several employees posted comments about another employee, staffing levels and working conditions. The employee who was the target of the posts complained to management, and within a few days, all five employee posters were fired. The employees sued, asserting that they were engaged in protected activity under the National Labor Relations [...]
