The Trump administration has already begun to change course regarding the legality of class action waivers, which is affecting employers in dozens of cases. In a rather expected move, the Department of Justice now says it no longer believes that class action waivers in arbitration agreements infringe upon workers’ Section 7 rights under the National Labor Relations Act (NLRA). On June 16, the Department of Justice filed an amicus brief with the Supreme Court in NLRB v. Murphy Oil USA, Inc., which oral arguments on this issue are scheduled for October. The DOJ’s brief argues that, “Nothing in the NLRA’s legislative history indicates that Congress intended to bar enforcement of arbitration agreements like those at issue here…And while the National Labor Relations Board’s (“NLRB” or “Board”) reading of ambiguous NLRA language is entitled to judicial deference, the Board’s analysis of the interplay between the NLRA and … [Read more...] about The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
Federal labor relations authority
Outreach To Non-Union EmployeesOver the past few years, the NLRB has expanded its reach into the business practices of non-unionized workforces. For instance, the NLRB has issued a number of rulings striking down employer policies finding that the policies interfered with an employee’s right to engage in protected concerted activity under Section 7 of the NLRA. More specifically, in the past year, the NLRB has issued decisions striking down (i) policies regarding the confidentiality of employer investigations; (ii) policies regarding the dissemination of confidential information; and (iii) social media policies. The common link in all of these decisions is that the Board has taken an expansive view of what constitutes an employee’s Section 7 rights and a restrictive view of employer policies that might, in any conceivable way, infringe on Section 7 rights. For example, in the matter of The Boeing Co. , No. 19-CA-089374 (July 26, 2013), an ALJ for the NLRB held that a policy … [Read more...] about A Decade In The Making: What Employers Can Expect From A Fully Staffed NLRB (National Labor Relations Board)
As we have reported in prior GT Alerts, over the past two years, the National Labor Relations Board (NLRB) — the federal administrative agency responsible for enforcing the National Labor Relations Act (NLRA) — has pursued an aggressive campaign to protect employees’ right to engage in protected concerted activity, in all workplaces, not just those where employees are represented by labor unions. Some of its recent actions include directing its focus on cases involving non-unionized employees’ use of social media, ruling that class and collective action waivers in employee arbitration agreements are unlawful, seeking to expand the remedies available under the NLRA, and attempting to require almost all private sector U.S. employers to post a notice in the workplace advising employees of their right to form or join a labor union. … [Read more...] about At-Will Employment Disclaimers – The National Labor Relations Board’s Next Target?
It looks like the NLRB’s proposed “Poster Rule” is officially dead. In 2011, the NLRB proposed issuing a rule known as the "Notification of Employee Rights under the National Labor Relations Act", which commonly was referred to as the “Poster Rule.” The rule was issued pursuant to the Board’s seldom used rulemaking authority, and it would have obligated millions of companies around the country to display an 11-by-17-inch notice in a conspicuous location explaining the rights of workers to join a union and bargain collectively to improve wages and working conditions. … [Read more...] about NLRB (National Labor Relations Board) Fails to File Appeal to the Supreme Court for Review of its “Poster Rule”
Require an employer to provide a list of the full names, home addresses, telephone numbers, email addresses, work locations, shifts, and job classifications of all employees who are eligible to vote in the election. The employer would be required to produce this list within two days of the Regional Director’s approval of an election agreement or direction of an election. … [Read more...] about National Labor Relations Board (NLRB) Issues New Proposed “Quickie” Election Rules