Less than two months ago, on July 29, 2014, the National Labor Relations (NLRB) made an announcement that it intends to hold franchisors legally responsible for unfair labor practices committed by its franchisees.
The General Counsel of the National Labor Relations Board has authorized Regional Counsel in regional offices throughout the United States to issue 43 unfair labor practice complaints in cases involving claims that McDonald’s USA and its franchisees are “joint employers” and jointly liable.
On April 30, 2014, the National Labor Relations Board invited submission of amicus briefs in the case of Purple Communications, Inc. (Cases 21-CA-095151; 21-RC-091531; and 21-RC-091584), as it considered whether to overrule precedent to create an employee right to use an employer’s electronic mail systems for union activity.
The NLRB just loves getting involved in these Facebook firing cases. But while the most recent example—involving a sports bar in Connecticut—has pundits proclaiming that employers can never fire employees for a Facebook “Like,” it’s worth noting these suits must be considered on a case-by-case basis.
In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced Facebook discussion about Triple Play’s owners violated the employees’ right to engage in “protected, concerted” activity under the National Labor Relations Act (NLRA). Triple Play has now filed an appeal with the U.S. Court of Appeals for the Second Circuit.
Sadly, for this writer, Yankee legend Derek Jeter’s playing days have come to a close. This summer we were able to watch the Captain and five-time World Series Champion take the final swings of his illustrious career where he finished 6th on the all-time hits list – a remarkable accomplishment.
Employers know that the National Labor Relations Board may scrutinize their policies to determine if they violate the National Labor Relations Act (the “Act”) – and specifically, Section 7’s protections for “concerted activity.”
The National Labor Relations Board (NLRB), in agreeing with an administrative law judge’s (ALJ) April 2013 ruling, has held that suspending and discharging a union member for refusing a drug and alcohol test after the employee demanded union representation is a direct violation of the National Labor Relations Act (NLRA).
When the U.S. Supreme Court decided in June that President Barack Obama’s three recess appointments to the National Labor Relations Board in January 2012 were invalid, NLRB Chairman Mark Gaston Pearce stated, “[The Board is] committed to resolving any cases affected by today’s decision as expeditiously as possible.”
If you have unionized workers, you know that a union gets to request information that may be relevant to it its functions. This includes information potentially relevant in deciding to grieve a matter or to assisting with bargaining.