On February 2, 2017, the National Labor Relations Board issued a decision and order in the case of T-Mobile USA and CWA. In this case, T-Mobile, following substantial proof that the members of a collective bargaining unit no longer maintained majority support for representation by the CWA, pursued the strategy of continuing to honor the collective bargaining agreement but refused to negotiate over a successor agreement unless and until the representation issue was resolved.
We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.
Employer Alert: NLRB Holds a General Recommendation of Maintaining Confidentiality During Internal Investigations As An Infringement on Employees Section 7 Rights
The National Labor Relations Board has continued its well-established pattern of finding routine and generally accepted personnel practices as an unlawful infringement on employee’s free speech rights. Conventional wisdom is to maintain confidentiality of informant and witness statements in internal investigations. In doing so, employers routinely request or recommend employees to maintain the confidential nature of the facts discussed during the investigation in order to maintain the neutrality and objectiveness of witnesses. To further promote objective and fair investigations, The Boeing Company promulgated a general workplace notice to employees that recommended employees refrain from discussing a case during a pending investigation. Makes perfect sense right? Wrong?!?
The NLRB recently told an Illinois hotel – NO!
A banquet server at the hotel gathered with other employees in the hallway for a break during a work day that had already lasted 14 hours. The server posted a photograph of the workers on her Facebook page, adding the comment “That’s how we work at TPCC.” The photo made it appear several employees were not working, but the server later testified that she was making a joke about employees who had already worked very hard that day. Several co-workers posted comments on the post.
On December 12, 2014, NLRB announced the adoption of a final rule applying changes to the procedures for union representation cases. The new rule, labeled by some as the "quickie election" rule, will expedite the initial representation election process.
EMPLOYER ALERT- NLRB Extends Employees’ Right to Engage in Protected and Concerted Activity to Employer’s E-mail Systems
The National Labor Relations Board in its continued effort to assist labor unions and employee unionization efforts has provided employees with an effective organizing tool—their employer’s own email systems. In 2007, the NLRB in Register Guard held “employees can have no statutory right to use their employer's email systems for Section 7 purposes.