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The NLRB's General Counsel Issues Guidance on the New Accelerated Election Rules

On April 14, 2015, the National Labor Relations Board's controversial "quickie election" rule goes into effect.  This week, the NLRB's General Counsel, Richard F. Griffin, issued a 36-page guidance memorandum outlining the Board's new representation election procedures under the rule (NLRB Office of the General Counsel, Memorandum 15-06 (April 6, 2015)).  The General Counsel asserts that the new rule does not "establish new timeframes for conducting elections or issuing decisions." However, almost every timeline for election procedures has been...

NLRB General Counsel Issues Report Concerning Legality of Common Employer Rules

NLRB General Counsel Richard Griffin issued yesterday a Report Concerning Employer Rules, in a stated effort to provide guidance on the intersection of employer rules and the National Labor Relations Act (NLRA).  The Report includes conclusions about common handbook policies that employers – both nonunion and unionized – may find surprising.  Employers should pay careful attention to this new guidance. As many employers recently have experienced, the NLRB is scrutinizing workplace policies and handbook statements and is demanding revocation or replacement of...

Wisconsin Becomes Next "Right to Work" State

On March 6, 2015, Wisconsin’s State Assembly approved legislation that will make Wisconsin the 25th “Right to Work” state in the country.  Governor Walker has said he intends to sign 2015 Assembly Bill 61 into law within days.  The legislation significantly modifies Chapter 111 of the Wisconsin Statutes by, among other things, prohibiting employers and labor organizations from requiring employees to join, remain a member of, or financially support a labor organization as a condition of employment.  Violation of the law will be a Class A misdemeanor. ...

NLRB GC Files First Lawsuit Against Franchisor as Joint Employer

As expected, the National Labor Relations Board's Office of the General Counsel has filed an unfair labor practice complaint against a franchisor and some of its franchisees as joint employers. The Board first announced it might take action against McDonald's USA LLC for alleged actions of its franchisees in July of this year. Continue reading this entry at Littler's Workplace Policy Update.

NLRB Creates Right to Use Corporate E-Mail to Organize and to Complain About Work: Ten Key Implications for Employers

In a precedent-setting ruling, the National Labor Relations Board (NLRB or the "Board") held last week in Purple Communications that Section 7 of the National Labor Relations Act (NLRA) requires employers, except in very limited circumstances, to open their corporate e-mail systems to union organizing by employees and to group discussions among employees about the terms and conditions of employment during non-work time.  The 3-to-2 decision overturns the Board's December 2007 decision in Register Guard, holding that because a corporate e-mail system is the employer’s...

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Format: 2015-04-25
Format: 2015-04-25