Employers often maintain policies prohibiting off-duty employees from accessing their facilities.
While Alan Ritchey Inc., 359 NLRB No. 40 (2012), became “non-binding” as a result of the Noel Canning decision, its holding is alive and well with the Board and the General Counsel’s Office.
The National Labor Relations Board has recently inserted itself into the world of cybersecurity after the United States Postal Service suffered a security breach involving the personal data of several hundred thousand of its employees. CNN reported that about 750,000 employees were affected; the FBI is investigating.
The Office of the General Counsel (OGC) of the National Labor Relations Board (NLRB) recently released another advice memorandum providing enforcement guidance on employer social media policies.
‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge with NLRB Against USPS
As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security concerning such information.
On November 14, 2014, an Administrative Law Judge fired another round in the continuing skirmish between the National Labor Relations Board (NLRB) and the federal courts over the rights of union representatives to enter an employer’s property to conduct organizing activity.
The Wall Street Journal recently reported that, according to the International Franchise Association, there has been an increase in the number of complaints filed against franchise systems since the surprising opinion the National Labor Relation Office of General Counsel issued in July that McDonald’s could be treated as a “joint employer” of employees working at its franchised locations.
According to a Bloomberg BNA report, unions won more representation elections, with a higher win rate, in initial NLRB-monitored representation elections in the first half of 2014 compared to the same period in 2013, but the number of newly organized employees fell drastically, and unions have been losing decertification elections more often.
Union Files NLRB Complaint Regarding the USPS’ Handing of Security Breach Involving Employee Personal Information
A company faced with a security breach has a lengthy “to do” list, things to accomplish with respect to its incident response plan. It must, among other things, determine the root cause of the vulnerability or breach, investigate and eliminate the vulnerability or breach, determine the full nature and extent of the breach, determine who to notify and finalize the notifications.