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
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.
The National Labor Relations Board has adopted a new standard for a union's access to witness statements during the course of an investigation.
Employers seeking to establish limits on content related to the employer that an employee can post in social media should consider including a statement in their handbook.
As mandated by the National Labor Relations Board, employees seeking to rescind the authority of a labor organization to require employees to make certain payments to the labor organization must file this petition.
As mandated by the National Labor Relations Board, employees alleging that a substantial number of employees assert the the certified recognized representative is no longer their representative must file this petition.
As mandated by the National Labor Relations Board, a petitioner is required to serve this form on all parties named in a petition.
As mandated by the National Labor Relations Board, an employer seeking to determine support for a new labor organization or to determine whether there is continuing support for an existing labor organization must file this petition.
As mandated by the National Labor Relations Board, an employer seeking clarification of the placement of certain employees or job classifications in a labor organization must file this petition.
As mandated by the National Labor Relations Board, a labor organization or a group of employees asserting that a substantial number of employees wish to be represented for purposes of collective bargaining and that it seeks to be certified as representative of the employees must file this petition.
As mandated by the National Labor Relations Board, a party named in the Notice of Hearing must complete and file this form.
HR guidance on the NLRB and enforcement against unfair labor practices.