Tag Archives: Protected Concerted Activity

Short List of Possible Trump NLRB Candidates Reported

President Donald J. Trump has narrowed his list of candidates to fill the two open seats on the five-member National Labor Relations Board to Marvin Kaplan, William Emanuel, and Douglas Seaton, according to Bloomberg BNA. Emanuel and Seaton are labor attorneys and Kaplan is counsel to the Commissioner of the Occupational Safety and Health Review … Continue Reading

NLRB GC Instructs Regions to Hold on Class Action Waiver Cases Until Supreme Court Rules

The General Counsel of the National Labor Relations Board has instructed Regional Offices to hold in abeyance cases involving mandatory arbitration agreements with opt in or opt out clauses. Regions must do the same in cases where an employer argues that the class action waiver in its arbitration agreement is different than the one at … Continue Reading

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded. Accordingly, he explained, the players have all of the rights and protections available to employees under the Act. Click here to read the full … Continue Reading

Non-Union, Specialty Lights Maker Must Return Work from Mexico, Federal Appeals Court Rules

The NLRB properly found a non-union employer unlawfully retaliated against striking employees and violated the National Labor Relations Act by transferring work from Illinois to Mexico, the federal appeals court in Chicago has ruled. Amglo Kemlite Labs., Inc. v. NLRB, 2016 U.S. App. LEXIS 15100 (7th Cir. Aug. 17, 2016). The Court enforced the Board’s … Continue Reading

NLRA Protection Accorded Class or “Collective” Action Brought By Single-Employee

The National Labor Relations Board has decided that “a single employee who files a lawsuit ostensibly on behalf of himself and other employees is engaged in protected concerted activity.” (Emphasis provided.) Beyoglu, 362 NLRB No. 152 (July 29, 2015). Marjan (Mario) Arsovski was discharged after he filed a Fair Labor Standards Act collective action lawsuit. … Continue Reading

NLRB Requires Employers to Let Employees Use Workplace Email Systems for Union and Concerted Activities, Overruling 2007 Decision

In a landmark and not-unexpected ruling, the National Labor Relations Board decided today to require employers to allow their employees to use company email systems for Section 7 (union organizing and protected concerted activity) purposes during nonworking time.  Purple Communications, Inc., 361 NLRB No. 126 (Dec. 11, 2014). The decision overrules the Board’s 2007 Register Guard … Continue Reading

Employer’s Warning Violates NLRA, Board Rules

An employer’s verbal warning for “continued frivolous requests for information…and interfering with the operation of the business,” directed to a shop steward who made two  requests to the employer for information including payroll information, violated the National Labor Relations Act, according to the National Labor Relations Board. Dover Energy, Inc.,Blackmer Division, 361 NLRB No. 48 … Continue Reading

Firings for Facebook Comments Unlawful, NLRB Rules

An employer violated the National Labor Relations Act by discharging two employees because of their participation in a Facebook discussion about their employer’s State income tax withholding mistakes, by threatening employees with discharge for their Facebook activity, by questioning employees about that activity, and by informing employees they were being discharged because of their Facebook … Continue Reading

Employee’s Facebook ‘Like’ is Part of Concerted Activity: NLRB

An employee’s selection of the “Like” option under a former employee’s initial Facebook status update was “an expression of approval” of the initial status update it followed (and therefore part of concerted activity), but not of the entire topic of which the update was part as it existed at the time.  Therefore, the NLRB determined, … Continue Reading

Terminations Lawful for Statement Not Impugned by Discharged Employees’ Accompanying Protected Communication

The National Labor Relations Board’s Division of Advice has concluded an employer did not violate the National Labor Relations Act for terminating two workers for a statement about their pay and other working conditions in a survey posted online to third parties.  Varsity Brands, Inc., Case 15-CA-110683 (12-23-13).  It recommended the fired workers’ unfair labor … Continue Reading

ALJ Finds No Protected Employee Right to Record Workplace Conversations

While employees making audio or video recordings of others in the workplace have long concerned employers, companies usually refrain from banning employee recording, uneasy about potentially infringing on employees’ rights to engage in protected concerted activity.  A recent case illustrates the analysis the National Labor Relations Board uses to scrutinize a workplace policy that restricts … Continue Reading

NLRB Judge Says Employer’s Baseball Cap Logo Restriction Violates Employees’ Section 7 Rights

An employer’s policy prohibiting employees from wearing baseball caps other than the employer’s is an unlawful restriction on employees’ Section 7 activity, an NLRB Administrative Law Judge has decided.  Quad Graphics, Inc., 32-CA-062242 (July 31, 2013). Under the National Labor Relations Act, the wearing of union insignia by employees in most workplaces   generally is presumed … Continue Reading

NLRB Releases Important End-of-Year Decisions

In a flurry of activity coinciding with the end of the term of National Labor Relations Board Member Brian Hayes (whose term ended on December 16), the NLRB has issued significant decisions relating to concerted activity conducted on social media, a newly unionized employer’s ability to discipline employees, and an  employer’s obligation to continue dues … Continue Reading

Employer’s Suggestion to Employees to Avoid Discussing Internal Investigations Violates Labor Law, NLRB Finds

In a case involving a health care employer, the NLRB has decided that employees’ rights to engage in protected concerted activity outweighed an employer’s interest in safeguarding internal investigations.  Read about Banner Health Sys. d/b/a Banner Estrella Med. Ctr. on the Healthcare Workplace Update Blog.… Continue Reading
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