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
Enhanced to improve comprehensiveness and organization, and to enhance the user experience.
The 9th Circuit's ruling in Morris v. Ernst & Young, LLP, deepens a split between the circuits, increasing the odds that the Supreme Court eventually will resolve the question of whether arbitration agreements may include class action waivers.
The National Labor Relations Board (NLRB) has held that graduate students who work as teaching and research assistants are statutory employees under labor law and, therefore, are entitled to unionize and collectively bargain for better working conditions.
In Miller & Anderson, Inc., the National Labor Relations Board has ruled that employer consent is not required for bargaining units that combine contingent and regular employees so long as the employees share a community of interest.
Use this workflow to determine how to respond to a union's petition to unionize a group of employees in the workplace.
XpertHR's innovative Liveflo Tool now includes a workflow to assist an employer in responding to a union petition to unionize a group of employees.
Updated to include information on a federal court's decision to temporarily bar the DOL from implementing and enforcing the new persuader rules.
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.
HR guidance on the NLRB and enforcement against unfair labor practices.