According to the NLRB it is “OK” to be a racist on the picket line

The Charleston shootings of June 2015 have certainly raised the profile of “racist” activities. But not all racist activities are deplorable if one is to interpret a decision by an NLRB Administrative Law Judge correctly. The Case In a union dispute in Findlay, Ohio striking workers had formed a picket line in front of the …

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Can an employer restrict employees from leaving their work station?

The answer to that question is a qualified “maybe” or “maybe not.” Generally it is a given that an employer can control, if they want, when an employee can leave a work station. However, the National Labor Relations Board (NLRB) has offered a different interpretation that restricts an employer’s ability to have this restriction. Watch your …

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Federal Court affirms that federal contractors have to inform workers of unionization rights

Back on May 20, 2010, the USDOL issued a final regulation implementing Executive Order 13496, which requires non-exempt federal contractors and subcontractors to post a notice informing employees of their rights under the National Labor Relations Act. That final regulation was challenged by some trade groups of contractors saying that the poster infringed on employers’ …

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NLRB Decisions have reached the level of absurd

Writer and philosopher Albert Camus once said “At any street corner the feeling of absurdity can strike any man in the face.” I was struck in the face with such a feeling when I read the NLRB’s decision on a handbook statement T-Mobile had in their handbook. According to David Pryzbylski, of the law firm …

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NLRB rules calling your boss a “NASTY MOTHERF**KER” is protected!

In the words of the Church Lady from Saturday Night Live “Isn’t that special.” In a ruling that is certain to make some people shake their heads the NLRB ruled that obscene and offensive language did not go “beyond the pale” as one dissenting member said. It seems to open the door to making union …

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Who CAN you fire for their social media activity?

Most people in business have heard of the clamp down on companies firing employees for their use of social media. This is a result of the work of the National Labor Relations Board who says they are protecting the right of employees to engage in “protected concerted activity” as detailed in Section 7 of the …

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Unions now have access to your email

Late last year the National Labor Relations Board rendered a couple of decisions that are a radical departure from previous actions. I wrote about these on December 15th. One of those decisions dealt with whether employees can use a company email system to conduct union organization. In a 3-2 decision along party lines the NLRB …

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Predictions for HR Compliance in 2015

As I mentioned in yesterday’s post today’s post is about my predictions for the coming year in the area of HR legislation and regulation. So let me pull out my crystal ball and begin. Legislation As we all know the Republicans took control of Congress with the midterm election in November. This means that when …

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The NLRB delivers a big kick in the pants to employers

The National Labor Relations Board issued a ruling on December 12, 2014 that substantially changed procedures for unionization in the US. Fulfilling a long sought after promise to the unions the NLRB has shortened the time to run an election (quickie elections) and given unions access to employee email address they did not have before. …

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Gee Whiz! NLRB says union representative required for urine test.

The NLRB recently ruled that an employee who was asked to take a urine test due to his erratic behavior was entitled to have a union representative present under the Weingarten Rule. What is Weingarten? The Weingarten rule was instituted in 1975 as the result of a Supreme Court ruling on a case (surprisingly called …

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