The National Labor Relations Act protects employees’ right to form unions, collectively bargain and otherwise engage in collective activities for their mutual aid and protection. Collective activities for mutual aid and protection usually relate to wages, hours, working conditions and other terms and conditions of employment. These activities apply to union and nonunion employers. In
Fifth Circuit Holds Confidential Information Policy Protecting Company Financial and Personnel Information Violates the NLRA
In an opinion likely effecting many Texas employers, the Fifth Circuit Court of Appeals held that an employer’s confidentiality policy that prohibited employees from disclosing all company financial and personnel information without a carve-out for employee wage information violated the National Labor Relations Act.
Flex Frac, a non-union employer, required all of its employees to sign the following confidentiality
NLRB Taking Aggressive Legal Positions in Attempt to Remain Relevant
With union organization and membership at all time lows in the United States, the National Labor Relations Board is making a effort to stay relevant by pushing an agenda targeted on non-unionized workplaces. Unfortunately, the Board’s positions, some of which are completely out of touch, may push it into irrelevance.
From its difficult to synthesize interpretation employer social
2011-2012 Term U.S. Supreme Court Wrap-Up of Employment Cases
Last week the U.S. Supreme Court ended its 2011-12 Term. Here are summaries of the labor and employment cases decided this term.
Hosanna-Taylor Evangelical Lutheran Church and School v. EEOC, (No. 10-553) (holding that teacher at religious school qualified as a "minister" within the meaning of the ministerial exception to Title VII and therefore
Breaking News: Federal Court Enjoins NMB from Conducting Representation Election
A federal judge in the Northern District of Texas has enjoined the National Mediation Board from conducting a union representation election involving the passenger-service employees of a major air carrier and the Communication Workers of America. You can read the TRO here.
NLRB Posting and Goose/Gander Rule for Employer and Employee NLRA Rights
By now we know that one of two federal district courts considering the issue has upheld the NLRB’s power to mandate most employers post Notice of Employee’s NLRB rights to form and join unions. While the NLRB is making employers educate employees about some rights under the NLRA, the required posting doesn’t go far enough in
BREAKING: NLRB Posting Rule Effective, But Not the Consequences of Failing to Post
I wrote before about several challenges to the NLRB’s controversial rule requiring employers to post notice of employee rights to form and join a union. Today, a court has rule on one of those challenges. In essence, the Court upheld the NLRB’s ability to require employers to post the notice of employee rights. However
A Most Ridiculous Employment Regulation
@RussellCawyer FMLA “Family and Medical Leave Act”
Continue Reading A Most Ridiculous Employment Regulation
NLRB Postpone Implementation Date for Notice of Rights Poster
I suggested that employers should wait until November 14, 2011 (the implementation deadline) to post the new regulatory-requirement posting on employees’ NLRB rights because of several lawsuits seeking to enjoin the requirement.
The Board has now postponed the initial posting deadline until January 31, 2012 "to allow for further education and outreach." I’m not sure
Employers Might Want to Hold-off Posting the New NLRB “Mandated” Poster
If you are are regular reader of this blog, you know that by November 14, 2011, most private employers (union and non-union) have to post notice of employees’ federal labor rights to form and join a union. Some of you may have even already posted the NLRB-sanctioned poster.
However, several lawsuits have been filed