NLRB has become significantly more aggressive and powerful under the Obama Administration

[Omaha Steve]

Do you think this is written by a neutral party?


http://www.crainscleveland.com/article/20121107/BLOGS05/311079999

Blog entry: November 7, 2012, 4:30 am | Author: MARC BLOCH

If you're a non-union employer, you might be shocked to discover that you, too, are subject to the restrictions and policies covered under the National Labor Relations Act (NLRA). Yes, it's true. What was once a primarily union-related arena only is now subject to the actions of the National Labor Relations Board (NLRB) which, as was discussed in last week's blog, has become significantly more aggressive and powerful under the Obama Administration.

In this article (Part II), we continue the discussion of how the NLRB is extending its authority over non-union employers through Section 7 of the NLRA which relates to employee “concerted activities”. Under Section 7, an employee's conduct is protected if it is concerted activity for the mutual aid and protection of employees. Section 8 of the Act prohibits employers from interfering with employees' exercise of their Section 7 rights.

In determining whether Section 7 protects an employee's activity (at either union OR non-union shops), the focus is directed at the intent underlying the employee's conduct. For an employee's activity to be concerted, the employee must act jointly with other employees or, at least, intend to induce or encourage other employees to act, thereby creating a link between the action of the individual employee and the actions of co-workers. Employee activity related to purely personal gripes or concerns is not concerted. Furthermore, the activity must be for mutual aid or protection, meaning that the concerted activity must be directed at improving or preserving terms and conditions of employment.

The Board's focus on Section 7 rights has led it to take issue with a number of seemingly typical employer policies and practices and hold them to be unlawful under the NLRA. In addition to the social media policies that were addressed in last week's blog, the NLRB seems to also be paying special attention to such issues as class action waiver arbitration agreements and at-will employment disclaimers, as well as workplace investigations (which were discussed in a previous blog posting by my colleague, Kristen Erenburg).

FULL story at link.

Bloch is a partner with the Labor and Employment Law Group at Walter & Haverfield LLP. He has more than 40 years of experience, in both the public and private sectors, in the field of labor relations law, having served as an attorney with the National Labor Relations Board (NLRB) and more recently as chief negotiator for numerous collective bargaining agreements.

[PDJane]

1. Um. Since when does Labour refer only to organized labour?

Of course the labour board enforces rules. That's what they are supposed to do. Employers need to follow rules, and someone has to enforce them.

[Teamster Jeff]

3. The Labor Board has been pro company for many years

It has been getting better under Obama. But, no they did not enforce the rules in the past unless it was rulings against workers.

[Starry Messenger]

2. Crains is a regional business paper.

I check them out when I want to know what the bosses are thinking.

If we really want to make them nervous, card check had better be front and center this year.