Showing 107 posts in National Labor Relations Board (NLRB).

Hospital’s Challenge to NLRB Health care rule Denied

November 27, 2012 by Hinshaw & Culbertson LLP

A hospital challenged the National Labor Relations Board's (NLRB) certification of the union as the representative of a "wall to wall" bargaining unit of the hospital's professional and non-professional employees. The hospital claimed that the Health Care Rule (which limited the number and type of bargaining units allowed in an acute care setting) violated the National Labor Relations Act, Section 9(c)(5) because it endorsed the extent of a union's organization as the controlling factor in determining bargaining units. The D.C. Circuit Court of Appeals, however, rejected this argument, as well as the hospital's argument that the NLRB violated the Rule because the union was required to show, and the Board was required to find, extraordinary circumstances to join together a number of the Rule's designated units. The Court of Appeals, however, found that such a showing was not required under the Rule. More ›

NLRB: Auto Dealership did not Violate Labor Law when it Fired Employee for Posting Facebook Photos of Accident at Sales Event

October 2, 2012 by Hinshaw & Culbertson LLP

In a decision made public yesterday, the National Labor Relations Board determined that a car dealership employee who was terminated for posting mocking photos on Facebook of a serious accident at its "Ultimate Driving Event" was not engaged in concerted activity, and that his termination. therefore, did not violate the National Labor Relations Act. The decision in Knauz Motors, Inc. d/b/a Knauz BMW, Case 13-CA-046452 (Sep. 28, 2012), is not all good news for employers, however, as the Board suggested that other photos posted by the employee, which mocked the food at the sales event — but which no other employee commented on or joined in — constituted protected activity because they related to earlier complaints from the sales team regarding the food. More ›

NLRB: Employer’s Overbroad Social Media Policy Violates Employees’ Rights

September 19, 2012 by Hinshaw & Culbertson LLP

In its first decision involving an employer’s social media policy, the National Labor Relations Board (Board) found that an employer's policy violated employees’ rights under the National Labor Relations Act. The Board reasoned that the policy was written in overly general terms and therefore had “a reasonable tendency to inhibit employees’ protected activity.” This decision follows a series of social media reports issued by the Board over the past year, and appears to confirm what many employers had feared based upon those reports: the Board appears ready to reject all broad prohibitions on what employees may say online. More ›

NLRB Unsuccessfully Challenges Court’s Invalidation of “Ambush Election Rule”

August 1, 2012 by Hinshaw & Culbertson LLP

As many employers may recall, the Chamber of Commerce of the United States of America (“Chamber”) filed suit against the National Labor Relations Board (“NLRB”) earlier this year in an effort to invalidate the “ambush election rule.” Essentially, the Chamber sought to invalidate the rule which it claimed would make responding to union campaigns more difficult for employers. The Chamber argued that the rule imposes drastic changes to the procedures for conducting workplace elections, which in turn deprives employers of a fair opportunity to explain the consequences of unionizing to its employees. More ›

NLRB: Hospital’s Practice of Asking Employees not to Discuss Ongoing Investigations of Misconduct Interfered with Employees’ Rights

August 1, 2012 by Hinshaw & Culbertson LLP

The National Labor Relations Board has ordered an Arizona hospital to end its practice of asking employees not to discuss alleged employee misconduct with co-workers while the hospital is investigating the alleged misconduct. With one member dissenting, the Board made clear that it will allow an employer to limit employees’ discussion of an ongoing disciplinary investigation only if a unique justification arises during the investigation. More ›

New Report Issued on Employee use of Social Media and the National Labor Relations Act

June 1, 2012 by Hinshaw & Culbertson LLP

On May 30, 2012, the National Labor Relations Board’s General Counsel issued a Report Concerning Social Media Cases. In it, the General Counsel’s Office reviewed seven cases concerning employers’ social media policies regarding. In its review, the General Counsel found several aspects of these policies to be overbroad while affirming others. More ›

Federal Judge Strikes Down NLRB “Speedy Election” Rule on Technicality

May 16, 2012 by Hinshaw & Culbertson LLP

A federal district court in Washington D.C. has struck down the recently enacted National Labor Relations Board rule that expedited union representation elections. The rule, which had been in effect since April 30, sped up union elections from an average of 38 days after a petition is filed to as few as 10 days. In a May 14 decision in the case of Chamber of Commerce v. National Labor Relations Board, however, District Court Judge James Boasberg found that the Board was acting without a quorum when two of its members enacted the rule in December 2011. As a result, Judge Boasberg determined, the so-called "speedy election" rule is invalid. More ›

D.C. Circuit Court also Rules on NLRB Posting Requirement

April 17, 2012 by Hinshaw & Culbertson LLP

Yesterday we reported to you that the South Carolina District Court struck down the NLRB's posting rule which would have been effective as of April 30, 2012. Just this morning, the Court of Appeals for the District of Columbia Circuit (where a similar NLRB-challenge was pending) issued an injunction enjoining the posting requirement pending the outcome of an appeal.   More ›

South Carolina Court Strikes down NLRB Posting Rule

April 16, 2012 by Hinshaw & Culbertson LLP

Up until December, 2010, the National Labor Relations Board (“NLRB”), unlike most federal labor agencies, did not require employers to post a general notice of employee rights in the workplace. That changed, however, upon issuance of a proposed rule wherein all employees subject to the National Labor Relations Act (“NLRA”) would be required to post notices which informed employees of their rights under the NLRA. The final rule was ultimately published in August, 2011, and the requirements were set to take effect on April 30, 2012. The Chamber of Commerce of the United States and the South Carolina Chamber of Commerce sought an injunction to prevent the implementation and enforcement of the rule. The U.S. District Court for the District of South Carolina agreed with the Chambers, finding that the Board, in promulgating the final rule, exceeded its authority in violation of the Administrative Procedure Act. You can read the decision here.   More ›

NLRB Finds Arbitration Provision Violative of NLRA

February 2, 2012 by Hinshaw & Culbertson LLP

D.R. Horton, a homebuilder with operations in more than 20 states, began to require each new and current employee to execute a "Mutual Arbitration Agreement" (MAA) as a condition of employment, requiring arbitration of all claims on a individual basis, precluding them from filing joint, class or collective claims addressing their wages, hours, or other working conditions against the employer in any forum.  More ›

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