NLRB: It’s Not What Management Says, It’s What Employees Hear

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…
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Facebook and NLRB: Still Making Good Blog Fodder

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…
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Difference between Employee and Non-Employee Off-Duty Access Policies

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…
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NLRB Unanimously Ruled Employee Conduct Lost Protection from the Act

The outcome of this case surprised me because the NLRB has previously found less egregious activity to be protected by the National Labor Relations Act. A union represented nurses at a hospital. The hospital and nurses’ union were negotiating a collective bargaining agreement. Negotiations became somewhat ugly. This caused the employer to cancel a bargaining…
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NLRB Just Expanded Its Authority to Find an Employer Violated the Act when Banning Non-Employee from Worksite.

The Obama-era NLRB is determined to go out with a bang. The brief facts of this case, decided by a 2-member majority of pro-union Board Members, is as follows: A beverage supervisor worked at a casino for less than one month. After her employment ended, she frequently socialized at the casino’s nightclub. Six months after…
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“No Loitering” Policy: Unlawful says NLRB

Loiter (verb): to stand or wait around idly or without apparent purpose. Many workplaces prohibit off-duty workers from loitering at the worksite. These policies make great sense. They decrease the likelihood of wage and hour violations by providing off-duty employees the opportunity to claim they were working, but not being paid for their work. They…
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