Overview: The National Labor Relations Board (NLRB or the Board) was created to enforce the provisions of the National Labor Relations Act (NLRA), which prohibits employers from engaging in certain conduct that interferes, restrains, or coerces employees in the exercise of their rights. The NLRB essentially acts as a panel of judges to hear and prevent unfair labor practices. It has numerous powers including the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of documents, as well as ordering any person to "cease and desist" from an unfair labor practice and to provide remedies. The NLRB has further power to petition any US court of appeals to enforce any order of the board, subject to the full contempt powers of the US courts for noncompliance.
Although many private non-union employers have not had much experience with the NLRB, they should be aware, however, that there are very few exceptions as to what is defined as an employer and employee under the NLRA. Therefore, private non-union employers should acquaint themselves with the NLRA and the NLRB process because they are not immune from being subject to an unfair labor practice charge.
Trends: Recent NLRB decisions have caused a stir among employers - both union and non-union. The NLRB has been on a crusade targeting employer policies that it considers a violation of an employee's right to engage in a protected concerted activity under the NLRA. Social media policies, confidentiality provisions, at-will clauses, and arbitration agreements have all been under recent scrutiny. According to the NLRB, even a policy requiring employees to be courteous may be unlawful!
Author: Melissa Boyce, JD, Legal Editor
Updated to reflect the new "persuader rules" under the Labor Management Reporting and Disclosure Act, effective April 25, 2016.
President Obama has nominated DC Circuit Court of Appeals Chief Judge Merrick Garland to fill the vacant Supreme Court seat created by Justice Antonin Scalia's death. Garland is perhaps best known for overseeing the domestic terrorism prosecutions of Oklahoma City bomber Timothy McVeigh and Theodore Kazcynski, infamously known as the Unabomber. Garland has compiled an extensive record during his 19 years on the DC Circuit, including in employment law.
XpertHR offers many tools and resources to help an employer understand joint employment issues.
This webinar discusses the new joint employer standard and talks through practical recommendations for ways employers can reduce their risk of liability.
The National Labor Relations Board's expanded definition of "joint employer" is attracting significant attention. Boston labor law attorney Howard Bloom explains why the NLRB's Browning-Ferris ruling has huge ramifications.
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This section helps HR professionals understand that the National Labor Relations Act prohibits employers and union employees from engaging in certain unlawful activities, known as unfair labor practices. In addition, this section also explains how the National Labor Relations Board investigates, prosecutes and remedies charges of unfair labor practices.
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In a case that sparked nationwide debate, the National Labor Relations Board (NLRB) has declined jurisdiction and, therefore, dismissed an attempt by Northwestern University football players to unionize.
On June 22, 2015, the Morris County Chapter of the Society for Human Resource Management (MC SHRM) held it Eighth Annual Employment Law Symposium, presented in collaboration with Fisher & Phillips, LLP.
HR guidance on the NLRB and enforcement against unfair labor practices.