On April 26, 2013, the NLRB issued a ruling which found certain no solicitation – no distribution policies of the retail outlet Target Corporation improper. Per usual, these allegations developed as a result of an organizing campaign at the facility. While a portion of the rule was found lawful, the following provisions were found unlawful
NLRA Trumps Private Property Rights
On April 23, in Caterpillar Inc. v. NLRB, the Board found that the employer had violated Section 8(a)(1) and (5) of the Act by refusing a non-employee union representative access to the facility to conduct a health and safety inspection after a fatal accident. In access case situations, the Board has historically reviewed the
NLRB Strikes Out Again Regarding Notice Posting Rule
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the NLRB’s August 2011 Notice Posting rule was invalid. Given that the Court had previously enjoined the implementation of the rule, such a ruling comes as no surprise. However, the Court did not rule as to whether the
NLRB to Take the Recess Appointment Scuffle to the Supreme Court
When the D.C. Circuit issued its opinion in Noel Canning v. NLRB in January 2013, it caused representatives of labor and management across the country to put down their union by-laws and collective bargaining agreements and pick up another sacred text: the U.S. Constitution. As reported here, the court invalidated President Obama’s recess appointments
Healthcare Still a Target for Organizing
While union organizing is decreasing in so many other parts of the economy, healthcare remains a target. The Service Employees International Union in particular continues in its efforts to organize healthcare facilities throughout the U.S. A recent example as to how disruptive such actions can be is set out in a recent settlement agreement reached
HR Basics
As I was driving in to work the other day, I was listening to a program on National Public Radio regarding the differences in how Eastern and Western cultures tackle the learning process. In summary, in Eastern cultures, struggle is viewed more as an opportunity versus an indication of failure, unlike Western cultures where the emphasis
Hospital Access Rules Under Attack
In a 2-1 decision in Sodexo America LLC, the National Labor Relations Board (NLRB) held recently that the University of Southern California hospital violated Section 8(a)(1) of the National Labor Relations Act by maintaining and enforcing a rule that limited off-duty employee access to the workplace, except for specific purposes.
The policy at issue