Are Employees “Virtually Termination Proof” for Social Media Postings?
By Management Labor Lawyer | | NLRB
An employee was upset that the retail store she worked at stayed opened as late as it did because the store was located in an unsafe neighborhood. After the store owner did not change the hours of operation, the disgruntled employee posted on Facebook remarks about her “immature” manager and that she would bring a…
Read More Will NLRB Force Employers to Give Unions Ability to Meet with Employees at Work and on Company Time?
By Management Labor Lawyer | | NLRB
Over 100 law school professors have urged the National Labor Relations Board to make a rule (since the Board is now fully ensconced in rule making) allowing unions to meet with non-union workers, on company property and in private, to urge them to vote in favor of union representation. If companies refused to allow such…
Read More Clarity in What Contracts Include for New Crop of Unionized Adjunct Professors
By Management Labor Lawyer | | NLRB
The adjunct unionization trend is literally sweeping the country right now with a new school’s adjuncts electing to unionize on what seems like a weekly basis. The early adopters of unions have recently signed their first collective bargaining agreements (CBAs). These CBAs share many similarities. For example, Northeastern University’s adjuncts will see an average pay…
Read More NLRB Deviates from Make Whole Remedies, Permits Windfall Remedies for Unlawfully Reduced Hours
By Management Labor Lawyer | | NLRB
The National Labor Relations Board has, until now, had authority to make aggrieved employees whole. Unlike courts of law that can award punitive damages or put plaintiffs in a better position than they were before their claim arose, the Board was limited to “make whole” remedies that restored wronged employees to the same position they…
Read More NLRB and Court Says Lying Out of Desperation to Get a Job is OK
By Management Labor Lawyer | | NLRB
Employee Membrino worked at non-union Pessoa Construction Company—until he attended a union meeting and discussed his employment concerns with a union representative. These meetings are generally protected by Section 7 of the National Labor Relations Act. After losing the impending unfair labor practice charge, Pessoa offered Membrino reinstatement but disputed the amount of back pay…
Read More NLRB Deals with Rapidly Increasing Size of Proposed Bargaining Unit Issues
By Management Labor Lawyer | | NLRB
Employees of Jersey City Bike Share, similar to the Citi Bike, Divvy, and CoGo programs that appear in several cities, are seeking to organize a union in New Jersey. This is not surprising considering that the company is already unionized in Chicago and Washington, D.C. That isn’t the takeaway from this article, though. What is…
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