The National Labor Relations Board (NLRB) is already on most employers’ radar as we await the status of a proposed rule that would require all private employers to post a notice informing employees of their union-organizing rights under the National Labor Relations Act (NLRA).
But that’s not the only NLRB activity worth watching in the coming months. As it enters an extremely active period, the NLRB is expected to represent new cases and tackle controversial issues that could lead to policy changes for many businesses. Recently, the NLRB has threatened to sue four states, claiming that state constitutional amendments dictating how employees choose union representation are illegal.
Specifically, the NLRB says that states can’t override federal law giving workers the option of the card-check method of organizing – a practice unions favor but many employers oppose. You’re probably aware of the “Facebook firing” case, too, where an employee was reinstated after being fired for criticizing her employer in a Facebook post. The case challenged what is considered “concerted activity” and, as such, is protected even on social networking sites like Facebook.
We shared this quote in a previous HR summary, but it bears repeating. According to NLRB Chairman Wilma Liebman: “The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy.”
If you haven’t already, be sure to register for our FREE Union Avoidance Webinar on Wednesday, March 30, 2011. You’ll gain valuable insight on how to preserve your union-free status under the revived NLRB, plus you’ll get a FREE attorney-approved Union Avoidance Poster.
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