Long-Awaited Joint Employer Decision Issued by NLRB

We have warned you several times (here, here and here) that the National Labor Relations Board was going to change the definition of joint employer to the detriment of Companies. Yesterday our fear came true. In fact, two Board members said this was “the most sweeping of recent major decisions.” Staffing and user companies, franchisors,…
Read More

NLRB Ordered to Pay Employer’s Attorneys’ Legal Fees

Produce dealer Farm Fresh Company Target One, LLC was found guilty of interfering with its employees’ right to organize a union at the workplace. Specifically, the Company discharged four workers due to their union activities. As part of its remedy, the National Labor Relations Board required the Company to rehire the workers unconditionally, but the…
Read More

Does Your At-Will Disclaimer Violate the NLRA?

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter   Does Your “At-Will” Employment Disclaimer Violate the NLRA? This is becoming an unfortunate theme to my monthly column. If you haven’t noticed, I write an article highlighting something of significance that occurred at the National Labor Relations Board the previous month. When…
Read More

What are Mandatory, Permissive, and Illegal Subjects of Bargaining?

Employers are pleasantly surprised when I tell them that bargaining for a collective bargaining agreement does not mean that every part of running their business must be negotiated. I then explain what a management rights clause is – a blog entry for a later day – and the difference between mandatory, permissive, and illegal subjects of bargaining.…
Read More

Optional Arbitration Agreements May Violate the NLRA

  As appeared in the Human Resource of Central Ohio (HRACO) monthly newsletter   Optional Employee Arbitration Agreements Allegedly Violate the NLRA When I first learned about this, I thought “Just how far will the National Labor Relations Board go to exert its influence over businesses without unions?” If you follow my articles in this newsletter…
Read More

What Are Section 7 Rights?

One of the most important parts of the National Labor Relations Act is Section 7. This Section protects employees who engage in concerted activity. No one, myself included, disputes that employees, whether in a union or not in a union, are allowed to engage in concerted activity. The disputes arise over whether certain activity is protected concerted…
Read More