Unions (labor relations)

The federal labor law guide to social media (non)compliance

August 22, 2011 | by Eric B. Meyer

On Friday night, I read the just-released National Labor Relations Board’s Acting General Counsel report on social media investigations. In fact, I read it twice cover-to-cover. (No, I won’t be winning the “Coolest Person ~~In America~~ ~~In Philly~~ ~~On My Block~~ In My House” Award this year).

Dorkiness aside, I was able to distill the report down to the points that employers will need to know if they hope to avoid federal scrutiny. Those details follow after the jump…

* * *

Buh bye: Labor board okays firing some Facebook whiners

July 29, 2011 | by Eric B. Meyer

I teased it in yesterday’s blog post about Natalie Munroe.

The National Labor Relations Board is softening its position on employers who fire employees for rants on Facebook.

And I’ve got the deets after the jump…

* * *

Legal? Replacing over 100 workers without any sort of notice

July 5, 2011 | by Eric B. Meyer

In December 2006, 247 union workers went on strike at the Kohler manufacturing plant in Searcy, Arkansas. Three months later, Kohler hired 123 replacement workers.

Kohler and the Union settled their dispute in March 2008. As part of the settlement, Kohler agreed to reinstate the striking strikers. Kohler then fired the replacement workers and returned 103 of the original 247 striking workers to their former positions. 111 of the replacement workers then filed suit under the Worker Adjustment and Retraining Notification Act (“WARN”) alleging that they should have been given at least 60-days notice before being laid off.

Did Kohler violate WARN? Find out after the jump…

* * *

BEWARE EMPLOYERS: Overhauled union-election rules may be near

June 22, 2011 | by Eric B. Meyer

The National Labor Relations Board (NLRB) has proposed amendments to its existing rules and regulations that will vastly change the way union-elections are conducted. The NLRB spin on these amendments is that they will “reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document filing.”

Is this a good thing or a bad thing for employers? I’ll detail the proposed changes, after the jump.

* * *

A “social media specialist” gets fired for a Twitter gaffe at work

June 9, 2011 | by Eric B. Meyer

Fueled by the remaining adrenaline from the Bruins 4-0 beating of the Canucks — 2 more wins… just 2 more — I am banging out this blog post just before the clock strikes 12. I have news of a new Twitter firing involving a “social media specialist” and an update on an NLRB action from May condoning the firing of a newspaper reporter for abusing Twitter.

All this, after the jump.

* * *

Will a new NFL CBA include social media restrictions for players?

June 6, 2011 | by Eric B. Meyer

I’m guessing that social media is not at the top of either side’s list of demands.

However, player tweets like this and, in particular, this one from Pittsburgh Steelers running back Rashard Mendenhall following the death of Osama bin Laden have some speculating that a new collective bargaining agreement could include restrictions on player use of social media.

What could those restrictions be? And will the players agree to them?

More after the jump.

* * *

Coming soon to a non-union business near you: The RAT!

May 31, 2011 | by Eric B. Meyer

Many of you have seen the rat on the right. Well, maybe not that particular rat, but a large inflatable rat, nonetheless. Usually, a union will position the large rodent in front of a business or job site as part of a protest effort.

But, just because a union uses it as a protest symbol doesn’t make it legal. Does it?

Is the rat even legal?

Find out after the jump.

* * *

Labor board issues its 2nd social-media-related complaint in 2 weeks

May 24, 2011 | by Eric B. Meyer

As I previously reported, on May 9, 2011, the National Labor Relations Board issued a Complaint, in which it alleges that a NY non-profit company fired five employees for complaining on Facebook about working conditions. Now, Law 360 reports that the NLRB has issued a second complaint against a Chicago-area luxury car dealership alleging the company ran afoul of federal labor laws by firing a sales employee over a message he posted on Facebook.

Molly DiBianca at The Delaware Employment Law Blog brought this second complaint to my attention and you can read her write-up on it here.

Before taking medical leave in Cancun, read this…

May 23, 2011 | by Eric B. Meyer

Can a company create and enforce a policy that requires employees on paid sick leave to remain close to their homes, unless they obtain the company’s permission?

Would that policy infringe on an employee’s FMLA rights?

Good questions.

The answers are after the jump.

* * *

Labor board continues its war on social-media-related firings

May 20, 2011 | by Eric B. Meyer

As some of you may know, word has surfaced about a Complaint that the National Labor Relations Board filed last week against a NY non-profit. The NLRB alleges that company fired five employees for complaining on Facebook about working conditions.

The NLRB has issued a press release and much has already been written about this Complaint by some great employment-law bloggers. So be sure to check out the links below:

“NLRB Issues Another Complaint Against An Employer For Facebook-Related Terminations” by Seth Borden at Labor Relations Today