Showing 16 posts in NLRA.

Amex Employment Arbitration Policy held Unlawful by NLRB

Amex Card Services Company ("Amex") operates a call center in Phoenix, AZ.  Amex required all new hires to sign an acknowledgement form acknowledging receipt and understanding of its Arbitration Policy as a condition of employment.  The policy mandated final and binding arbitration to resolve all employment-related disputes.  The policy also mandated that all claims subject to arbitration be submitted on an individual basis.  More ›

NLRB has wide Discretion to Delineate Parameters of Bargaining Unit

Despite its efforts to create a larger bargaining unit comprised of allegedly similarly-situated employees, an Alabama nursing home operator recently learned the hard way about the NLRB's "wide" discretion in determining who may be included in a bargaining unit. More ›

Private Facebook Message not Concerted Activity Under NLRA

In this case, an employer terminated a medical office worker based upon a private Facebook message she sent to nine other current and former employees. The message contained derogatory comments about the employer but focused on one supervisor and another returning supervisor she disliked. The employee also expressed a desire to be terminated. No one copied on the message responded directly to the message content at issue. Another employee who received the message gave it to the employer. The employer terminated the author of the message on the grounds that it was obvious the employee no longer wished to work there and disliked the employer and, given these feelings, the employer was concerned about the employee’s interactions with patients.  More ›

D.C. Circuit Court Strikes down NLRB Posting Rule

The National Labor Relations Board (“Board”) had previously passed a rule that employers who were subject to its jurisdiction were required to post on their properties and websites a “Notification of Employee Rights under the National Labor Relations Act.” The posting basically advises employees of their rights to:  More ›

NLRB Permits Unions to Charge dues Objectors for Lobbying Expenses, and Seeks Further Briefing on “Germaneness” Standard

A former Union member filed an unfair labor practice charge alleging that the Union, which represents hospital employees, violated the National Labor Relations Act by its treatment of the former Union member and other employees who resigned their Union memberships and objected to paying dues that were unrelated to collective bargaining, contract administration, or grievance adjustment. More ›

Hospital’s Challenge to NLRB Health care rule Denied

A hospital challenged the National Labor Relations Board's (NLRB) certification of the union as the representative of a "wall to wall" bargaining unit of the hospital's professional and non-professional employees. The hospital claimed that the Health Care Rule (which limited the number and type of bargaining units allowed in an acute care setting) violated the National Labor Relations Act, Section 9(c)(5) because it endorsed the extent of a union's organization as the controlling factor in determining bargaining units. The D.C. Circuit Court of Appeals, however, rejected this argument, as well as the hospital's argument that the NLRB violated the Rule because the union was required to show, and the Board was required to find, extraordinary circumstances to join together a number of the Rule's designated units. The Court of Appeals, however, found that such a showing was not required under the Rule. More ›

NLRB: Employer’s Overbroad Social Media Policy Violates Employees’ Rights

In its first decision involving an employer’s social media policy, the National Labor Relations Board (Board) found that an employer's policy violated employees’ rights under the National Labor Relations Act. The Board reasoned that the policy was written in overly general terms and therefore had “a reasonable tendency to inhibit employees’ protected activity.” This decision follows a series of social media reports issued by the Board over the past year, and appears to confirm what many employers had feared based upon those reports: the Board appears ready to reject all broad prohibitions on what employees may say online. More ›

NLRB: Hospital’s Practice of Asking Employees not to Discuss Ongoing Investigations of Misconduct Interfered with Employees’ Rights

The National Labor Relations Board has ordered an Arizona hospital to end its practice of asking employees not to discuss alleged employee misconduct with co-workers while the hospital is investigating the alleged misconduct. With one member dissenting, the Board made clear that it will allow an employer to limit employees’ discussion of an ongoing disciplinary investigation only if a unique justification arises during the investigation. More ›

New Report Issued on Employee use of Social Media and the National Labor Relations Act

On May 30, 2012, the National Labor Relations Board’s General Counsel issued a Report Concerning Social Media Cases. In it, the General Counsel’s Office reviewed seven cases concerning employers’ social media policies regarding. In its review, the General Counsel found several aspects of these policies to be overbroad while affirming others. More ›

Federal Judge Strikes Down NLRB “Speedy Election” Rule on Technicality

A federal district court in Washington D.C. has struck down the recently enacted National Labor Relations Board rule that expedited union representation elections. The rule, which had been in effect since April 30, sped up union elections from an average of 38 days after a petition is filed to as few as 10 days. In a May 14 decision in the case of Chamber of Commerce v. National Labor Relations Board, however, District Court Judge James Boasberg found that the Board was acting without a quorum when two of its members enacted the rule in December 2011. As a result, Judge Boasberg determined, the so-called "speedy election" rule is invalid. More ›

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