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Labor Relations / Unions

NLRB clamps down on internal investigation confidentiality

10/27/2012

The National Labor Relations Board, the federal agency charged with enforcing the National Labor Relations Act, has increased its focus on employer/employee communications. This matters to all employers, whether or not their employees are represented by a union.

Court sides with union on Costa Mesa outsourcing

10/22/2012
A California Court of Appeal has affirmed a preliminary injunction against the city of Costa Mesa, which attempted to contract out work currently performed by city employees.

‘Keep this private’ may be unlawful request during internal investigations

10/18/2012

When investigating claims of harassment or misconduct, it’s common to ask employees whom you interview to “keep this information confidential.” But a new ruling from the NLRB says that such a blanket confidentiality rule violates employees’ legal rights unless “legitimate and substantial justification exists” for the rule.

NLRB continues its attack on neutral employment policies

10/09/2012
The NLRB has continued its assault on garden-variety em­­ploy­­ment policies, issuing three decisions in recent weeks, each of which concluded that facially neutral employment policies violated employees’ rights to engage in protected concerted activity.

Confidentiality instructions under attack by the NLRB and EEOC

10/09/2012
In a recent case, the NLRB issued a decision holding that a hospital violated the National Labor Relations Act by asking employees who had filed a complaint not to discuss it with co-workers while the investigation was pending. Shortly after, in a different case, the EEOC took a similar position.

NLRB sets new limits on your off-duty employee access rules

09/26/2012
Does your organization set restrictions on when and where off-duty employees can access your workplace? If so, you should review a new NLRB ruling that narrows the circumstances under which you can keep off-duty workers off your premises.

NLRB targets at-will disclaimers, off-duty employee access

09/21/2012
Recent months have seen the NLRB take efforts to regulate employer activity in new and often unprecedented ways. Two recent attacks include challenges to “at-will” statements and disclaimers in employee handbooks and restrictions on an employer’s right to limit access to its property by off-duty employees.

Portsmouth couple sentenced for embezzling union funds

09/17/2012
A union official will have 366 days to contemplate her actions after being convicted of embezzling from Portsmouth’s Carpenters Union Local 437.

Horseshoe Casino Cleveland employees vote to unionize

09/13/2012
On Aug. 16, an arbiter certified election results allowing employees at the Horseshoe Casino Cleveland to collectively bargain under the banner of the Cleveland Casino Workers Council.

At work and online: NLRB restricts employers’ social media rules

09/10/2012

Many employers have social media policies that attempt to control what employees say on social media. Poli­­cies that overreach may violate the NLRA. In response, the NLRB has issued a memorandum summarizing key points in its recent decisions concerning social media.