Tennessee Labor Talk

Category Archives: Labor Board Proceedings and Practice

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Demanding Social Media Site Passwords Now Illegal in Maryland

By Tim K. Garrett on Posted in Labor Board Proceedings and Practice

Social media continues to gain attention in the employment law field.  From recent NLRB advice memoranda to Congress considering new legislation, to every employer now being advised to at least have a “policy” on social media, the news keeps pouring in. (Read this article by Eric Yaverbaum on The Washington Post blog, or this one… Continue Reading

Labor Board Rules that Arbitration Agreements Forbidding Class Arbitration is Unlawful

By Tim K. Garrett on Posted in Labor Board Proceedings and Practice

As a matter of federal law, employers can require employees to agree to arbitrate any employment dispute.  But, can that arbitration agreement force an employee to arbitrate only individual claims, not class (or collective) claims?  Recently, the National Labor Relations Board said NO.  Click here for the Board’s ruling. This ruling appears at odds with… Continue Reading

NLRB postpones effective date for Notice-Posting Rule

By Michael Moschel on Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The NLRB has postponed by three months the effective date for its notice-posting rule at the request of a federal court overseeing a legal challenge to the regulation from business groups.  The new effective date is April 30, 2012. The rule requires businesses to post notices apprising workers of their right to unionize.   Click here for… Continue Reading

NLRB Delays Employer Notice Posting

By Michael Moschel on Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The National Labor Relations Board has postponed until Jan. 31, 2012 the effective date of its regulation requiring most private employers to post a notice informing employees of their rights under federal labor law.  According to the NLRB, the purpose of the delay is to provide enhanced education and employer outreach .  Click here to read… Continue Reading

Union’s Financing Of Lawsuit Objectionable Conduct During Union Campaign

By William Ozier on Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining, Wage and Hour Law and Practice

According to the National Labor Relations Board (NLRB), a Union engages in objectionable conduct if, during a union campaign drive to represent workers, the union finances a lawsuit seeking to recover overtime pay for the same employees being recruited to vote for the union.  This decision is important for two reasons: Employers facing an overtime… Continue Reading

Most Private Sector Employers Required to Post NLRA Notice

By Michael Moschel on Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

On August 25, 2011, the National Labor Relations Board issued a Final Rule which requires most private sector employers to post a notice informing employees of their rights under the National Labor Relations Act.  Click here for a copy of the Final Rule. Employers will be required to post a Notice which can be found… Continue Reading

Labor Board Report Shows Its Struggles with the Realities of Social Media

By Tim K. Garrett on Posted in Labor Board Proceedings and Practice

The NLRB’s Division of Advice recently issued memoranda in several different cases, showing that not all activity by employees on social media sites constitute protected activity.  These reports show that the Labor Board, like many employers, struggle with what is “protected concerted activity” – and thus protected from any employer discipline – and what are… Continue Reading