Unions (labor relations)

That’s what they said: Lotsa NLRB news, and an employment-law carnival

July 18, 2013 | by Eric B. Meyer

So much labor-and-employment-law news this week, I’ll do what I can to cram it into a single post. Here goes…

From Seth Borden at Labor Relations Today comes this news about the Senate agreeing to — gasp — seat a full five-member National Labor Relations Board. How could this happen? Something about a nuclear option ~~and compromising photos.~~.

Staying with the labor theme, Joel Barras at Employment Law Watch reports here about a recent advice memorandum from the NLRB’s General Counsel in which the GC concludes that employers must bargain with their unions before implementing new social media policies. No shock there.

Does firing a law firm associate for discussing wages violate federal labor law?

June 11, 2013 | by Eric B. Meyer

There’s not a whole lot that we have in common. I’m more erudite (you know, the blog thing), better looking, and more ~~arrogant~~ confident.

Given our differences, what I’m about to say may come as a surprise: when I was a associate attorney, I discussed salaries with other associates.

(I’ll pause as the shock dissipates).

Employee posts “FIRE ME…Make my day…” on Facebook. And guess what?

May 28, 2013 | by Eric B. Meyer

Yep.

And not even the Associate General Counsel at the National Labor Relations Board could save this employee.

In Tasker Healthcare Group, d/b/a Skinsmart Dermatology, the Charging Party — and nine other people (of whom seven were current employees) participated in a private group message on Facebook. During that sesh, the Charging Party started mouthing off about his employer, saying, “They [the Employer] are full of shit … They seem to be staying away from me, you know I don’t bite my [tongue] anymore, FUCK…FIRE ME….Make my day…”

3d Cir: Obama NLRB recess appointments (Becker too) were unconstitutional

May 16, 2013 | by Eric B. Meyer

In a 2-1 decision issued today (copy here), the Third Circuit Court of Appeals ruled that the National Labor Relations Board lacked the authority to act as early as March 2010, when President Obama appointed Craig Becker to the Board. The Third Circuit held that Member Becker’s appointment to the Board while the Senate was on an intrasession recess (a break within a session of the Senate) was unconstitutional. Implicit in the court’s decision is that the appointments of Members Block, Griffin, Flynn in 2013, while the Senate held pro-forma sessions, were also invalid.

The Third Circuit ruled that recess appointments are only valid if made during intersession breaks (i.e., between sessions of the Senate).

This decision is crazy-long (102 pages plus a 55 page dissent). Thankfully, my Dilworth Paxson colleagues, Erin Galbally and Marjorie Obod prepared an e-alert summarizing the decision.

Appeals Court: NLRB union-rights poster violates free-speech rights

May 9, 2013 | by Eric B. Meyer

Thumbnail image for rights poster.png

On Tuesday, the D.C. Circuit Court of Appeals ruled here that the National Labor Relations Board cannot require private employers — union and non-union — to hang this poster in a conspicuous location in the workplace. Billed by the Board as a notice advising employees of their rights under the National Labor Relations Act, many employer groups viewed the “mandatory” poster as more of an encouragement to unionize than as a neutral informational poster.

Previously, the lower court in DC had upheld the poster rule. Meanwhile, a South Carolina federal court had shot it down.

The appellate court determined that the poster rule would violate employers’ free speech under Section 8(c) of the National Labor Relations Act. The appellate court also ruled that the poster rule unlawfully expanded the Board’s enforcement powers.

Fact or Fiction: It’s ok to fire an employee for pro-union Facebook posts to NON-employees

May 7, 2013 | by Eric B. Meyer

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

I’ll set it up for you:

You run a non-union company called RH Chili Peppers. However, one of your employees, Disgruntled Donny, has been trying to get his co-workers to help unionize the workplace. Thus far, he has been unsuccessful. So, DD takes to Facebook and posts a message bashing the wages and benefits at RH Chili Peppers on a Facebook page called, “Peter Picked a Peck,” a Facebook page that DD “likes.” PPaP is frequented by employees, like DD, who work in the chili pepper industry, albeit at other chili pepper companies in the city.

FireMe! app outs Twitter users who talk smack about their jobs

April 3, 2013 | by Eric B. Meyer

While some people; namely, hockey players with local ties, use Twitter to congratulate an ex-wife on end of divorce payments, others spew venom about their bosses.

I know. I should have warned you to sit down first. Let me know when the shock subsides.

K-thx.

NLRB to ask Supreme Court to review its latest recess appointments

March 13, 2013 | by Eric B. Meyer

Back in late January, a federal appellate court ruled that President Obama lacked the power to make three recess appointments last year to the National Labor Relations Board. More on that here.

In this press release issued yesterday, the NLRB announced that would seek Supreme Court review. Quoted below is the press release:

The National Labor Relations Board has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the DC Circuit held that the January 4, 2012 recess appointments of three members to the Board were invalid. The Board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision. The petition for certiorari is due on April 25, 2013.

National Right to Work? Plus, SCOTUS to take up Obama recess appointments

February 5, 2013 | by Eric B. Meyer

In just over half the States in America, if a majority of your co-workers elect to have a union represent them at work, then you must become a member of the union too — whether you like it or not. Nonmembers who object to that requirement must still may union dues. However, in nearly half of the USA (24 states, to be precise) employees in a unionized workplace may decide for themselves whether to join the union. This is known as “right-to-work.” Employees who exercise this right are not required to pay union dues.

Late last year, Michigan became the newest Right-to-Work State. And, last week, Senator Rand Paul (KY-R) reintroduced the “National Right-to-Work Act,” described as a bill to preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities. This bill would amend both the National Labor Relations Act and the Railway Labor Act to make “right-to-work” the law in all 50 states.

You can view a copy of the bill here.

Holy smokes! As in, up in smoke for Obama’s Labor Board selections

January 25, 2013 | by Eric B. Meyer

The U.S. Court of Appeals for the D.C. Circuit ruled today that President Obama lacked the power to make three recess appointments last year to the National Labor Relations Board.

You can read a copy of the opinion here.

According to the U.S. Supreme Court, a two-member Board is powerless to exercise any authority. At the time of the three recess appointments, the Board only had two members.Therefore, by ruling that Obama’s three recess appointments are unconstitutional, today’s appellate-court ruling effectively moots every decision from the Board subsequent to the recess appointments, most of which went against employers.