Numerous actions by the NLRB’s General Counsel and administrative law judges (highlighted in prior posts on this blog) have caused great concern for labor professionals grappling with the inappropriate comments of employees posted on social media.
As most readers of this blog have read before (here, here, here — you get the point), Section 7 of the National Labor Relations Act gives employees the statutory right to “improve terms and conditions” of employment or otherwise improve their lot.
In this installment of the blog’s 360, I am going to spin off the temporary employee discussion and address the joint employer relationship. Joint employment has certainly been a big Mcissue for McDonald’s these days and one that manufacturers should also keep on their radar.
On August 22, 2014, United States District Court Judge Arthur J. Schwab granted the National Labor Relations Board’s application to enforce three subpoenas served on UPMC in an unfair labor practice case despite the fact that the subpoenas were overly “broad and unfocused.”
The Big Impact from Nixed Recess Appointments: Supreme Court’s Rejection of President Obama’s NLRB Picks Could Upset Hundreds of Decisions.
The U.S. Supreme Court last month decided the Noel Canning case, unanimously holding that President Obama’s proposed recess appointments of Terrence Flynn, Sharon Block and Richard Griffin to be members of the National Labor Relations Board (Board) were unconstitutional.
This past Monday, the National Labor Relations Board reversed an Administrative Law Judge’s decision and held that Nichols Aluminum, LLC had unlawfully discharged an employee in violation of the National Labor Relations Act because he engaged in concerted and protected activity.
NLRB: Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act
Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could mean increased Board scrutiny of internal investigations into employees’ complaints of harassment.
In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the action is not only concerted but also presumptively for the purpose of mutual aid or protection, and thereby also covered by the National Labor Relations Act (“Act”).
NLRB Again Expands Its Definition of Protected Concerted Activity – One Hand Clapping May Be Concerted
We have written about it before but a recent NLRB decision is yet another example of the NLRB’s expanding and expansive view of what constitutes protected, concerted activities, and is therefore protected under the National Labor Relations Act.