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HR Support on the Management of Labor Relations
Editor's Note: Keep tabs on the NLRB (whether you're a union or non-union workplace)!
Overview: While the percentage of US workers that are unionized has been declining for years, the importance unions play for those they represent continues to be high. The management of labor relations is an important area of concern in the workplace. Both employers and employees covered by the National Labor Relations Act (NLRA) have rights and obligations regarding the unionization of employees. Some key concepts for employers include collective bargaining, lockout, strikes, unfair labor practice, protected concerted activity, right to work, and good faith bargaining - but there are many more!
Trends: Currently 23 states, mostly in the southern and western areas of the United States, are "Right to Work" states. Union organizing is more difficult in these states because they prohibit a union and an employer from reaching an agreement to require union membership and financial support in the form of dues as a condition of continuing employment.
Non-union employers should NOT be complacent that the NLRA or the NLRB don't apply to them. The NLRB has recently ruled in several broad areas, notably social media and employment-at-will disclaimers, which affect all workplaces, union and non-union alike.
Melissa Boyce, J.D., Legal Editor
Latest items in Labor Relations
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NLRB Continues to Scrutinize Social Media Policies and Activities
Recent decisions from the full National Labor Relations Board (NLRB) as well as an NLRB Administrative Law Judge (ALJ) highlight the fact that social media policies and employee communications remain on the agency's radar and that it continues to uphold the right of both union and non-union employees to engage in protected concerted activity over social media networks.
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NLRB Notice-Posting Rule Struck Down
The National Labor Relations Board (Board) rule requiring private employers to post a notice informing employees of their rights under the National Labor Relations Act (Act) has been struck down by a federal appeals court. Nat'l Ass'n of Mfrs v. NLRB, 2013 U.S. App. LEXIS 9231 (D.C. Cir. May 7, 2013). The Court of Appeals for the District of Columbia found the rule violated employers' right to free speech by compelling them to provide information concerning unionization, collective bargaining and other NLRA-protected activity without any reference to other rights such as the right to decertify a union or refuse to pay dues in a right-to-work state.
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Labor Relations Content Expanded to Include NLRB Forms
XpertHR has added several forms issued and required by the National Labor Relations Board to its Labor Relations content.
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NLRB Form 501 - Charge Against Employer
As mandated by the National Labor Relations Board, all employers must post NLRB Form 501 - Charge Against Employer.
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NLRB Form 502 - Petition
As mandated by the National Labor Relations Board, all employers must post NLRB Form 502 - Petition.
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NLRB Form 508 - Charge Against Labor Organization or Its Agents
As mandated by the National Labor Relations Board, all employers must post NLRB Form 508 - Charge against Labor Organization or its Agents.
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NLRB Form 509 - Charge Alleging Violation(s) Under Section 8(e) - (Entering a Hot Cargo Agreement)
As mandated by the National Labor Relations Board, all employers must post NLRB Form 509- Charge Alleging Violation(s) under Section 8(e)- (Entering a Hot Cargo Agreement).
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NLRB Form 601 - Withdrawal Request
As mandated by the National Labor Relations Board, all employers must post NLRB Form 601 - Withdrawal Request.
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NLRB Form 4480 - Waiver
As mandated by the National Labor Relations Board, all employers must post NLRB Form 4480 - Waiver.
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NLRB Form 4541 - Involved Parties
As mandated by the National Labor Relations Board, all employers must post NLRB Form 4541- Involved Parties.
About this topic
HR and legal considerations for employers regarding the management of labor relations. Support and guidance on the ever growing field of labor law.