Bass Berry & Sims Labor Talk

Tag Archives: National Labor Relations Act

When Does “Offensive” Employee Conduct Lose Protection Under the NLRA?

Posted in Labor Board Proceedings and Practice

Following a trend that has developed over the last several years,[1] the National Labor Relations Board (the “Board”) recently found that the termination of a Starbucks employee violated the National Labor Relations Act (the “NLRA” or the “Act”), even though the employee had engaged in extremely offensive, obscenity-filled conduct in the presence of customers.[2] During… Continue Reading

Delay in Supreme Court Review of D.R. Horton Continues to Cost Employers Enforcing Arbitration Agreements

Posted in Labor Board Proceedings and Practice

Readers of our series of posts on D.R. Horton will recall our prediction that the National Labor Relations Board (NLRB or the Board) would continue its attacks on certain arbitration agreements.  As predicted, the NLRB’s administrative law judges (ALJ) continue to strike down any arbitration agreements that waive class or collective action claims and allow… Continue Reading

NLRB Loses Appeal in D.R. Horton: Arbitration Agreements Can Require Only Individual Arbitration, But …

Posted in Labor Board Proceedings and Practice

In a split decision, the Fifth Circuit Court of Appeals has rejected the view of the National Labor Relations Board (the Board). According to the Court’s majority opinion, an arbitration agreement that requires employees to arbitrate all employment disputes but restricts the arbitration proceedings to individual arbitrations only (i.e., not allowing class or collective arbitrations)… Continue Reading

Check Your Enforcement of Your “No Solicitation and No Distribution” Rule

Posted in Labor Board Proceedings and Practice

In a recent decision involving The Boeing Company1, an Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) found that Boeing violated the National Labor Relations Act (NLRA) when the Human Resources manager at its North Charleston, South Carolina plant, told an employee that he could not “talk about or solicit” for the… Continue Reading

Does Your “Courtesy” Policy Violate the NLRA?

Posted in Labor Board Proceedings and Practice

The National Labor Relations Board (NLRB, “the Board”) is at it again. In a recent ruling, the Board found an employer’s routine “courtesy” policy violated its employees’ Section 7 rights. Time will tell whether a federal court will agree with the Board and enforce its decision, but employers should take note of the current regulatory… Continue Reading

Labor Board Rules that Arbitration Agreements Forbidding Class Arbitration is Unlawful

Posted in Labor Board Proceedings and Practice

As a matter of federal law, employers can require employees to agree to arbitrate any employment dispute.  But, can that arbitration agreement force an employee to arbitrate only individual claims, not class (or collective) claims?  Recently, the National Labor Relations Board said NO.  Click here for the Board’s ruling. This ruling appears at odds with… Continue Reading

NLRB postpones effective date for Notice-Posting Rule

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

The NLRB has postponed by three months the effective date for its notice-posting rule at the request of a federal court overseeing a legal challenge to the regulation from business groups.  The new effective date is April 30, 2012. The rule requires businesses to post notices apprising workers of their right to unionize.   Click here for… Continue Reading

Union’s Financing Of Lawsuit Objectionable Conduct During Union Campaign

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining, Wage and Hour Law and Practice

According to the National Labor Relations Board (NLRB), a Union engages in objectionable conduct if, during a union campaign drive to represent workers, the union finances a lawsuit seeking to recover overtime pay for the same employees being recruited to vote for the union.  This decision is important for two reasons: Employers facing an overtime… Continue Reading

Most Private Sector Employers Required to Post NLRA Notice

Posted in Labor Board Proceedings and Practice, Union Organizing and Collective Bargaining

On August 25, 2011, the National Labor Relations Board issued a Final Rule which requires most private sector employers to post a notice informing employees of their rights under the National Labor Relations Act.  Click here for a copy of the Final Rule. Employers will be required to post a Notice which can be found… Continue Reading

Labor Board Report Shows Its Struggles with the Realities of Social Media

Posted in Labor Board Proceedings and Practice

The NLRB’s Division of Advice recently issued memoranda in several different cases, showing that not all activity by employees on social media sites constitute protected activity.  These reports show that the Labor Board, like many employers, struggle with what is “protected concerted activity” – and thus protected from any employer discipline – and what are… Continue Reading