On January 25, 2013, the D.C. Circuit Court invalidated President Obama’s three appointments to the National Labor Relations Board. The decision in Canning v. NLRB not only calls into question the “recess appointment” power of the President, but could paralyze the NLRB by putting hundreds of decisions in jeopardy.
Presidents have made so-called recess appointments…
On December 12, 2012, the NLRB reversed longstanding precedent in WKYC-TV, Inc., holding that dues checkoff provisions continue in force after the labor contract expires. (“Dues checkoff” is the act of deducting union dues from employees’ wages and remitting them to the union.) This decision overruled Bethlehem Steel, 136 N.L.R.B. 1500 (1962), which…
Recently, the NLRB has issued a number of decisions addressing social media in the workplace as it pertains to employers. Last month, however, an NLRB judge rendered a decision addressing a Union’s potential liability and responsibilities for social media activities on its own Facebook page. Interestingly, the judge addressed the posts and comments of the…
The NLRB’s recent decision in Banner Health System, 358 NLRB No. 93 (2012) has tongues wagging, and not just in the blogsphere. In a controversial decision, the NLRB struck down an employment policy requiring employee confidentiality during workplace investigations. The Board held that this type of “blanket” policy potentially prevents employees from engaging in…
On September 28, 2012, the National Labor Relations Board (“NLRB”) issued its decision in Karl Knauz Motors, Inc., 358 NLRB No. 164 (2012). The NLRB affirmed an Administrative Law Judge’s findings that a car dealership did not violate the National Labor Relations Act (“Act”) after it terminated a salesperson for his posts on Facebook. …
On June 18, 2012, the NLRB launched a new page on its website that describes the rights of employees who act together, even if they are not in a union. The new page, at www.nlrb.gov/concerted-activity, defines the term “protected, concerted activity” as the term is used in the Act. On the webpage, the NLRB…
The acting general counsel for the National Labor Relations Board (NLRB), Lafe Solomon, has addressed a number of workplace topics, including social media policies, at-will employment statements and class action waivers in arbitration agreements. In addition, a new NLRB webpage describes the rights of employees, even if they are not in a union. Both of…
On May 14, 2012, a U.S. District Court issued a decision that effectively voids the National Labor Relations Board’s (NLRB) new election rules that went into affect on April 30, 2012. Judge James Boasberg of the District Court for the District of Columbia granted a motion for summary judgment filed by the U.S. Chamber of…
