Captain of the Ship and Highest Ranking Person Aboard Not a Supervisor Says NLRB
By Management Labor Lawyer | | NLRB
This case is interesting not because it involves the captain of a tugboat. Rather, its interest lies in that the NLRB has concluded that the highest-ranking person at a worksite, and the “person in charge,” is not necessarily a supervisor. In this case, it is clear that six person crews on tugboats must obey commands…
Read More Three Takeaways from Unions Demanding $15 an Hour
By Management Labor Lawyer | | NLRB
First, while unions that are part of the AFL-CIO are advocating for $15 per hour, the AFL-CIO doesn’t pay its own workers that much. It was recently reported that an usher working the AFL-CIO’s annual summer meeting where union bosses boasted about their success in championing the $15 minimum wage made well below that “minimum”…
Read More Single Employee Filing Class Action Lawsuit Engages in Protected, Concerted Activity
By Management Labor Lawyer | | NLRB
Remember when the NLRB expanded the definition of protected, concerted activity to times when an employee talks to himself? How about when an employee files a sexual harassment claim for the way a supervisor treated her? Now, the Board has expanded it to times when an employee does not even communicate or solicit assistance of…
Read More Union Employers May Track Employees through GPS, Sometimes
By Management Labor Lawyer | | NLRB
A Company whose workforce is unionized lawfully terminated an employee after installing a GPS tracking device on the employee’s company-owned truck to assist a private investigator in following him. The investigator personally observed the employee operating his truck in an unsafe and illegal manner, failing to follow specified delivery times, stealing time, and falsifying his…
Read More NLRB Requires Every Voting Employees’ Contact Info, Where Do You Keep It?
By Management Labor Lawyer | | NLRB
The Ambush Elections rules obligate employers to provide employees’ personal phone numbers and personal email addresses if such data is “available” to the employer. I put “available” in quotes because we recently learned that the definition of available is different for different people. Prior to a union election, the employer provided the union with all…
Read More Ambush Elections: Lies, Damned Lies, and Statistics
By Management Labor Lawyer | | NLRB
Regardless upon which side of the argument you sit, the statistics of the first 150 days post-ambush elections will help your argument. Management lawyers argue that the dire warnings were well founded. Pro-labor law reformists say the warnings were much ado about nothing. You should make up your own mind after learning the stats. Union…
Read More