Section 7 of the NLRA specifically protects employees who engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection ....” This statutory provision has been interpreted by the NLRB and the courts to mean that employees have the right to act together to improve wages and other terms and conditions of their employment. Significantly, this right applies to both union and non-union employees. Consequently, the NLRB may issue a complaint against any employer that restricts Section 7 rights or otherwise imposes rules that have the effect of chilling the exercise of those rights. … [Read more...] about Labor Board Affirms Ruling that Employer Confidentiality Provision Violates National Labor Relations Act (NLRA)
National labor relations act
The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
It is currently unclear how the U.S. Supreme Court will decide this issue in October, or what effect the Department of Justice’s new position will have on its ultimate ruling. Either way, it is likely that employers will soon have new guidance on whether class waivers in arbitration agreements infringe upon workers’ Section 7 rights. Shortly after the hearing, President Trump is expected to nominate a new General Counsel whose views will certainly align with the business-friendly Trump administration. While we wait for the Supreme Court’s ruling and at least until Griffin’s term ends, employers should continue to consult counsel when considering including class waivers in their arbitration agreements. … [Read more...] about The DOJ’s Evolving View of the Interplay Between the Federal Arbitration Act and the National Labor Relations Act
No Gossiping Rule Violates National Labor Relations Act (NLRA)
Last week in Laurus Technical College, Case 10–CA–093934, [a copy of which is available here], ALJ Donna Dawson ruled that the College’s rule on its face prohibits protected activity. She found the policy to be “overly broad, ambiguous, and severely restricts employees from discussing or complaining about any terms and conditions of employment.” She termed the rule “an expansive ban against any discussion” and therefore held that "[s]uch an overly broad, vague rule or policy on its face chills the exercise of Section 7 activity, and violates Section 8(a)(1). A reasonable employee would certainly view it as doing so." … [Read more...] about No Gossiping Rule Violates National Labor Relations Act (NLRA)
Heard It Through the Grapevine: The National Labor Relations Act’s Tight Grip on Employer Confidentiality Policies
Similarly, confidentiality requirements can be a violation even if they do not include a direct reference to discipline; requesting or suggesting that employees maintain confidentiality is a violation in the same manner that threatening to discipline employees for not maintaining confidentiality is a violation. Finally, it is also a violation to allow employees to discuss internal investigations with one another, but to prevent them from discussing investigations with “other parties.” … [Read more...] about Heard It Through the Grapevine: The National Labor Relations Act’s Tight Grip on Employer Confidentiality Policies
Republican Senators Propose to Make Significant Changes to NLRA – National Labor Relations Act
Instead of Board members being appointed by the President and confirmed by the Senate, they would be “appointed by the President, after consultation with the leader of the Senate representing the party opposing the party of the President,” and then confirmed by the Senate. … [Read more...] about Republican Senators Propose to Make Significant Changes to NLRA – National Labor Relations Act
