NLRB Rules a Mass “Walk-In” to Executive’s Office Protected Activity

A 19-year employee and active union delegate, Patrick Atkinson, led 15 employees into a nursing home administrator’s office and stood against the wall. Atkinson told the administrator that the employees were concerned about other employees who had been suspended. He held a grievance in his right hand and touched it to his left palm “as…
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American Apparel Media Policy Causes a Stir

Four American Apparel employees filed complaints with the NLRB alleging that the company’s newly implemented media policy prevented employees from making statements to the media about American Apparel. Days after the complaints were filed, American Apparel’s general counsel sent an email to the four employees stating that the media policy only prohibits employees from expressing…
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Think Twice about Firing the Employee Who Calls you a Nasty MF

You read that right. You need to think twice before firing an employee even if that employee calls a manager a “nasty mother f—–.” A catering company violated the National Labor Relations Act when it fired a server who called his manager a “nasty mother f—–” on Facebook just two days before the company’s union…
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Employees Gain Access to Company Email Systems for Union Activity through Recent NLRB Ruling

The National Labor Relations Board (NLRB) recently ruled that union and non-union employees who have work-related access to a company email system are generally permitted to use that email system for union activity. But, this use is not absolute. A company can limit email use to maintain production or discipline. This new ruling came about…
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D.C. Circuit Catches National Labor Relations Board Not Following its Own 2-Step Test on Whether A Handbook Policy Interfered with Employees’ Section 7 Rights

World of Color Corp. prohibits employees from wearing any baseball caps except for caps bearing the company logo, and those caps must be worn with the bill facing forward. The Teamsters took issue with the policy and filed an unfair labor practice charge against the company saying that the policy interfered with workers’ rights under…
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Cannot Fire Employees for Foul Language if Cursing is Part of the Corporate Culture

The National Labor Relations Board ordered reinstatement of a nurse who was fired for making vulgar sexual comments and jokes. Specifically, the Respondent hospital showed that it terminated the nurse after she “engaged in grossly offensive, profane, and intimidating workplace behavior that provoked an unprecedented number of her co-workers to complain of a hostile work…
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