Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Category Archives: Labor-Management Relations

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NLRA Application to Common Company Policies

Posted in Human Resources, Labor-Management Relations, Uncategorized
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… Continue Reading

Fifth Circuit Holds Confidential Information Policy Protecting Company Financial and Personnel Information Violates the NLRA

Posted in Case Summaries, Labor-Management Relations
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… Continue Reading

NLRB Taking Aggressive Legal Positions in Attempt to Remain Relevant

Posted in Labor-Management Relations
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 media… Continue Reading

2011-2012 Term U.S. Supreme Court Wrap-Up of Employment Cases

Posted in Age, Case Summaries, Discrimination, Judicial Updates, Labor-Management Relations
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 First… Continue Reading

NLRB Posting and Goose/Gander Rule for Employer and Employee NLRA Rights

Posted in Labor-Management Relations
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 educating… Continue Reading

BREAKING: NLRB Posting Rule Effective, But Not the Consequences of Failing to Post

Posted in Labor-Management Relations
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, the… Continue Reading

NLRB Postpone Implementation Date for Notice of Rights Poster

Posted in Labor-Management Relations, News & Commentary
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 who… Continue Reading

Employers Might Want to Hold-off Posting the New NLRB “Mandated” Poster

Posted in Human Resources, Labor-Management Relations, News & Commentary
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 seeking… Continue Reading

NLRB Posting of Employee Rights Now Available

Posted in Human Resources, Labor-Management Relations
I’ve previously written about the new NLRB requirement that most employers post notice of employee’s NLRB rights (post here).  The posting requirement is effective November 14, 2011, for both union and non-union employers.  Yesterday, the NLRB made available an appropriate posting for download.   The NLRB’s site also has answers to some commonly asked questions about the… Continue Reading

NLRB Says Non-Union Employers Must Post Notice of Employees’ Labor Rights

Posted in Labor-Management Relations, News & Commentary
Yesterday, the NLRB issued its final rule requiring all employer subject to the National Labor Relations Act to post notices to employees of their NLRA rights such as the right to form and join a union, bargain collectively over wages and to file unfair labor practice charges with the Board as well as instructing employees on how to file… Continue Reading

NLRB General Counsel Confirms Employees Can Still Be Disciplined for Many Social Media Posts

Posted in Human Resources, Labor-Management Relations, News & Commentary, Social Media
There has been significant coverage of the unfair labor practice charges that have been filed by employees who were terminated over their postings made on Facebook, Twitter and other social media applications.  (Examples here, here and here).  The NLRB actions in some of these cases have lead to the belief by some union agents and employee representatives that comments made… Continue Reading

Super Bowl May Be Last Pro Football for a Long Time

Posted in Labor-Management Relations
For the next week, the biggest story in sports will be the Super Bowl.  For the next several months, the biggest story in labor-management relations will be ongoing negotiations with the NFL Owners and the Players Association over a new contract and potentially a lock-out or strike.  The negotiations have been contentious and gives suggest that Super… Continue Reading

2008 Term U.S. Supreme Court Wrap-up

Posted in Age, Arbitration, Discrimination, Judicial Updates, Labor-Management Relations
The U.S. Supreme Court completed its 2008-09 term. On the docket were five cases of interest dealing with employment law.  Here is a summary of the holdings in those cases. Crawford v. Metropolitan Gov’t of Nashville and Davidson County, Tenn., (2009) An employee’s participation in an employer’s internal harassment investigation by responding to the employer’s questions may constitute protected oppositional activity under Title VII that… Continue Reading

Next Steps for Organized Labor: Its Not Going Away.

Posted in Labor-Management Relations
Following Arlen Specter’s announcement that he was opposed to the Employee Free Choice Act in its current form and other senators expressing strong reservations about the bill (See Michael Fox’s post here), there has been much speculation about what the next step will be in organized labor’s attempts to obtain labor organization reform.  Will Labor seek to have a compromise bill passed… Continue Reading

Labor Organization Reform

Posted in Labor-Management Relations
It seems likely that there will be some manner of labor organization reform to the almost seventy-five (75) year old National Labor Relations Act.  Three bills pending before Congress offer differing levels of reform.   Pro-Labor:  Employee Free Choice Act of 2009 (H.R. 1409) Would require the National Labor Relations Board certify a union (without… Continue Reading

Will Weingarten Rights Return to the Private Workplace?

Posted in Labor-Management Relations
Weingarten rights are the rights a union member has to, upon request, have a union representative present during an employer’s investigatory interview that may lead to disciplinary action. For nearly thirty years Weingarten rights only applied to employees who worked at employers that had been organized by unions. In July 2004 a primarily Democratically appointed National… Continue Reading