Unions (labor relations)

Want a labor-law-legal social media policy? Bookmark this, I guess.

May 31, 2012 | by Eric B. Meyer

Yesterday, the National Labor Relations Board‘s Acting General Counsel Lafe Solomon issued a new report on social media cases brought to the agency, this time focusing exclusively on policies governing the use of social media by employees. It includes a copy of a social media policy that the NLRB found to be lawful.

However, the report, as a whole, left me shaking my head. Inconsistent, overreaching, it’s a ~~hot~~ tepid mess. So, before you go all cut and paste on me from that sample policy, read my critical two cents after the jump…

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That was fast: Court voids NLRB “quickie” union-election rules

May 15, 2012 | by Eric B. Meyer

The U.S. Chamber of Commerce is hot!

How hot is the Chamber? Hotter than Paris Hilton humming an 80’s Buster Poindexter tune. (Actually, she abandoned her trademark exclamation “That’s Hot!” for “That’s Huge!”).

Maybe not quite Josh Hamilton hot. But, way hotter than the mature offspring of an encounter involving Zac Efron traveling back in time to impregnate an early-90s Cindy Crawford. I would not want to stand next to the Chamber’s fire right now. Sammmmmokin’!

NLRB: Barring employees from discussing salary is a bad idea

May 8, 2012 | by Eric B. Meyer

Section 7 of the National Labor Relations Act protects the rights of employees to discuss wages and other benefits with each other and nonemployees. By maintaining a rule that restricts employee freedom in this regard, an employer violates Section 8(a)(1) of the Act.

How does this play out in the real world? Find out after the jump…

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New NLRB election rules may get derailed; plus more on SNOPA

May 1, 2012 | by Eric B. Meyer

Two quick updates for you today; one labor, one employment.

Word has trickled in that the U.S. District Court for the District of Columbia held a conference call with lawyers from the National Labor Relations Board, the U.S. Chamber of Commerce, and the Coalition for a Democratic Workplace, and informed them that the Court would rule by May 15 on a pending challenge to the NLRB “quickie” election rule changes. You can view those rule changes in this post I did last week.

And in case you missed yesterday’s post on new federal legislation that would bar employer demands for online passwords, be sure to check it out. Late in the day, I scored a copy of the bill, known as Social Networking Online Protection Act (SNOPA), and added a link. We know now that employers that violate the law will be subject to civil fines of up to $10K. The Secretary of Labor may also seek injunctive relief. However, the federal law does not mention a private cause of action for individuals.

The NLRB’s blueprint for “quickie” union elections

April 27, 2012 | by Eric B. Meyer

“Blueprint”? Word. But, do you know how tough it is to find a blog-appropriate Jay-Z hit? Hmmm…let’s try this one.

On Tuesday, the National Labor Relations Board’s “quickie” election rules survived a Senate challenge. Next week, April 30 to be exact, they go into effect. Hey! Isn’t that when the poster rules go into effect, too? Psyche!

In anticipation of April 30, employers will want to familiarize themselves with this memo from NLRB Acting General Counsel Lafe Solomon — we are presenting at the same event today — discussing the new representation case procedures. The guidance covers the entire representation case process from beginning to end, incorporating to the extent necessary the new rules and the procedures that remain unchanged.

NLRB “quickie” election rule survives a Senate challenge

April 25, 2012 | by Eric B. Meyer

Last week was not so good for the National Labor Relations Board. The DC Circuit iced a Board rule that would have required most private-sector employers to post a notice in the workplace informing employees of their right to form a union.

Yesterday, however, the pendulum swung the other way and employers may soon be feeling the heat as we are now that much closer to expedited union elections.

Feel the heat? Iced a Board rule? Am I firing up a cool tune from Foreigner or Katy Perry after the jump? Guilty as charged. Plus, click through for details on how faster union elections may soon be coming to your workplace, and possibly another unwelcome surprise (hint: four letters, ~~sounds like~~ EFCA)…

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The NLRB officially delays the mandatory union-poster rule

April 18, 2012 | by Eric B. Meyer

Remember my post from Monday? The one where I told you that two federal courts were at loggerheads over whether the NLRB could force private employers to post this notice in the workplace.

Well, about that. Eyes on me.

Two other men in black (and one woman in black) have officially changed the game. Dramatically. Click through for the details…

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Do we need to post the NLRB poster? Just answer the question!

April 16, 2012 | by Eric B. Meyer

rights poster.png I’ve beaten it to death on this blog.

The National Labor Relations Board created a rule that will require most private-sector employers to post this notice, in a conspicuous location, informing employees of their rights under the National Labor Relations Act, which includes the right to form a union.

Here’s the latest…

Do your confidentiality agreements pass muster with the NLRB?

April 12, 2012 | by Eric B. Meyer

Last week, Jon Hyman at the Ohio Employer Law Blog was on point with this good post discussing a recent National Labor Relations Board Administrative Law Judge decision. The case involved what the NLRB General Counsel believed was an overly-broad social media policy in two regards:

It banned employees from using social media to comment on work-related legal matters; and

It required company-permission be given before employees post images/video online.

Make sure to read Jon’s post for the full-scoop. I promise not to give away the ending (until later in this post, when I give away the ending). But, after the jump, I’m going to examine another aspect of the case; namely, a confidentiality provision that the ALJ deemed overly broad. I’ll also add a few ideas for you to keep your confidentiality provisions compliant with the National Labor Relations Act.

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Meyer(s) on Pending Employment Bills, Social Media, and Slides

April 6, 2012 | by Eric B. Meyer

On Employment Legislation:

Just when you thought you had the employment law landscape figured out, along comes pending legislation that could change everything. From age discrimination claims to workplace flexibility to unionization and labor organizing, new bills in the House and Senate may change the way you run your business. Here I am discussing all that jazz with Stephanie Thomas at the Proactive Employer.

On Social Media: