How the NLRB treats employer statements made to employees in the context of unionizing often depends on the make-up of the Board at the time the case is reviewed. The Bush Board was more relaxed than the Obama Board that treated an employer’s statement as coercive if it was made in the context of union…

Michigan Bell Telephone Company lawfully denied a union’s request to tell the union the name the worker who tipped off the company about a possible workplace protest and provide the union with a list of people who the informant contacted. But, the telephone company should have provided the union with a summary of what the…

The National Labor Relations Board has never held that the misclassification of employees is an independent violation of the National Labor Relations Act. However, former NLRB General Counsel Richard Griffin (D) (an Obama appointee) last year persuaded several Administrative Law Judges that simply misclassifying workers is an unfair labor practice even if it is not accompanied…

A union sought to organize workers of a construction company. In response, the owner of the company told employees that electing a union would financially “crush” the company. This statement was unlawful because the owner offered no objective evidence that a union win would make it impossible for the company to survive. This case involves…

Butler Medical Transport had a social media policy that provided, “I will refrain from using social networking sites which could discredit Butler Medical Transport or damage its image.” After being terminated, an employee posted on Facebook that she believed her termination was unjust. A still-employed employee responded, “Sorry to hear that but if you want…

The NLRB and courts recognize that off-duty employees have greater rights than non-employees when it comes to accessing the employer’s property to engage in protected activity. The NLRB applies a three-part test to determine if an employer’s off-duty access policy is valid under the National Labor Relations Act. An off-duty access policy is valid only…