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Showing 2 posts in Unfair labor practice.

Management Rights Clause Does Not Give Management Right to Skip Bargaining Over Non-Compete and Confidentiality Agreement D.C. Court of Appeals Says

In Minteq v. NLRA, the United States Court of Appeals for the District of Columbia Circuit held an employer committed an unfair labor practice under Section 8 (a)(5) by failing to notify and bargain with a union over its requirement that new employees sign a non-compete and confidentiality agreement as a condition of employment. More ›

TILTING THE BATTLEFIELD: NLRB MAKES IT EASIER FOR UNIONS TO CHALLENGE USE OF PERMANENT REPLACEMENTS

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when an employer’s hiring of permanent replacements is unrelated to, or extrinsic to, the strike.  Specifically, the Board ruled the General Counsel is not required to show an employer was motivated by an unlawful purpose extrinsic to the strike; he need only show the hiring of permanent replacements was “motivated by a purpose prohibited by the Act.” What constitutes a “prohibited purpose” is open to interpretation, and American Baptist Homes strongly signals employers could be exposed to unfair labor practice charges if there is any allegation that the use of permanent replacements is motivated by an intent to interfere with the exercise of Section 7 rights. More ›

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