In august 2011, the us chamber of commerce released a survey of social media issues before the nlrb. Introduction on december 15, 2014, the board adopted a final rule that will modify in certain respects the procedures applicable to the processing of representation cases. Guidance memorandum on representation case procedure changes effective april 14, 2015 i. On march 18, 2015, the boards office of the general counsel released a memorandum providing employers guidance as to what the board deems lawful and unlawful handbook language.
Issued earlier in march by nlrb general counsel richard griffin, the 30page memo explores several categories of handbook rules, and offers a casebycase comparison of why the nlrb found certain rules unlawful. Jun 07, 2018 following up on the nlrbs decision in the boeing company, 365 nlrb no. Nlrb issues guidance on employer handbooks felhaber larson. Yesterday, the board published its official guidance discussing how it will process representation cases going forward. Apr 01, 2015 this can be another frustrating part of trying to stay current with nlrb thinking. Im sad but not surprised to report that not much has changed in the nlrbs misguided approach to facially neutral employment policies. The national labor relations board strongly encourages parties or other persons to use the agencys efiling program to file selected documents in unfair labor practice and representation cases with the office of the executive secretary, the division of judges, the general counsels office of appeals, and regional, subregional and resident offices. The summary of nlrb decisions is provided for informational purposes only and is not intended to substitute for the opinions of the nlrb. Department of health and human services hhs, released the 340b drug pricing program omnibus guidance guidance. On june 6, 2018, nlrb general counsel peter robb issued a guidance memorandum which sheds additional light on the boards new.
Nlrb weighs in on confidentiality, personal use of company email. Archived notices for briefs and invitations national labor relations. These changes are scheduled to go into effect on april 14, 2015 and will. The report was issued in an effort to provide guidance on the use of employer rules as they relate to the national labor relations act nlra. Mar 30, 2015 we have not exactly been shy in expressing concern regarding many of the national labor relations board s nlrb recent actions, nor hesitant to opine that its actions appear purposefully designed to advantage unions and create expansive new employee rights from the language of the 80yearold national labor relations act of 1935 nlra. Nlrb invites briefs on nonmember fees for grievance processing. Office of the general counsel memorandum gc 15 04 march 18, 2015. Until we get some guidance from courts on these issues, there is real risk in broadbased bans of mobile technologies or apps.
On march 19, 2020, the nlrb announced that it was suspending all representation elections through april 3, 2020. Gc 0104, guidelines for response to beckrelated public inquiries, 04062001. This separation was enacted against the advice of the justice department, contradicted. Health law update september 10, 2015 bakerhostetler. Representation case rules effective april 14, 2015 nlrb.
Nlrb general counsel issues guidance to employers on. Guidance software provides deep 360degree visibility across all endpoints, devices and networks with fieldtested and courtproven software. On march 18, 2015, the nlrb general counsel gc, richard griffin, issued a report attempting to reduce some of the mass confusion over the nlrb s policies concerning employer handbooks and other company policies. New guidance from the national labor relations board should be a big help for companies trying to draft lawful employee handbook policies.
Nlrb general counsel offers guidance on employee handbooks. The parties may now file responsive briefs on or before september 30, 2015. Nlrb provides new guidance on personal use of email. Employer labor relations labor lawyers seyfarth shaw. Access the blank fillable pdf charge and petition forms, click here.
Guidance software, now opentext, is the maker of encase, the gold standard in forensic security. On march 27, 2020, nlrb general counsel john ring issued general counsel memorandum 2004, entitled case summaries pertaining to the duty to bargain in emergency situations providing employers with guidance regarding the rights and obligations of both employers and labor organizations, particularly in light of responsive measures taken to contain the virus, including. Apr 01, 2015 on march 18, 2015, the general counsel for the national labor relations board nlrb or board issued a report concerning employer rules. Nlrb adopts expedited election rules, effective april 15, 2015. Mar 23, 2015 last wednesday, current nlrb general counsel richard griffin issued his 30page missive on employer policies under section 7 of the nlra pdf. The nlrbs general counsel issues guidance on the new. Memorandum gc 1504 was released to the public on march 18, 2015. The report discusses key cases addressing 31 separate topic areas, including appropriate bargaining units, joint employment. Many of the challenged policies are commonplace and not intuitively questionable from a legal perspective. After a series of false starts, on december 12, 2014, the national labor relations board nlrb or board adopted a 733page final rule final rule that will significantly change the boards longstanding union election procedures and eliminate many of the steps that employers have relied on to protect their rights and the rights of employees who may not want a union. On june 6, 2018 the general counsel of the nlrb issued new guidance. According to the board, these new rules do not establish new timeframes for conducting elections or issuing decisions.
Nlrbs braindump on lawful company policies article. Office of the general counsel memorandum gc 15 04 march 18. The national labor relations board nlrb is an independent agency of the federal. Apr 08, 2015 on april 14, 2015, the national labor relations board s controversial quickie election rule goes into effect. Nlrb issues decisions on workplace investigations, employee. Seyfarth shaws employer labor relations blog provides a onestop resource for employers to stay current on developments in traditional labor law and labor relations, including recent nlrb and court decisions, legislative and regulatory updates, and labor relations and collective bargaining current events. Mar 19, 2015 on march 18, 2015, nlrb general counsel richard f.
New nlrb guidance challenges reasonable handbook policies. On july 5, 1935, a new lawthe national labor relations act nlra, also known as the. On august 27, 2015, the health resources and services administration hrsa, an agency of the u. Nlrb provides new guidance on personal use of email february 2, 2015 the decision, in purple communications, inc. Nlrb issues critical guidance on employer handbooks, rules and. Leave and expanded fmla leave paycheck protection program open for business. Apr 23, 2015 in 2014, the board issued memoranda regarding employers restrictions on employees use of social media, and on march 18, 2015, the general counsel, richard f. Nlrb general counsel provides roadmap for handbook policies. Gc 0103, report on utilization of section 10j injunction proceedings march 3, 1998 through january 15, 2001, 02052001. Nlrb guidance and case law is subject to change from time to time. Griffin, issued a 36page guidance memorandum outlining the boards new representation election procedures under the rule nlrb office of the general counsel, memorandum 1506 april 6, 2015. Apr 23, 2015 littler shareholder william emanuel has released his semiannual report on significant decisions issued by the national labor relations board.
Previous eeoc guidance explained that a wellness program is voluntary as long. Latest nlrb social media guidance helpful or more confusing. The national labor relations board is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions. A business is a joint employer of another employers employees only if the two employers share or codetermine the employees essential terms and conditions of employment, according to a recently unveiled and longawaited final rule from the national labor relations board nlrb. Those changes became effective april 14, 2015 and are being applied to all petitions filed on or after april 14, 2015. Therefore a change in the political landscape can result in new nlrb members and changes to the way the nlrb members look at issues. Abrahms published a management memo blog post that will be of interest to many of our readers. The national labor relations board strongly encourages parties or other persons to use the agencys efiling program to file selected documents in unfair labor practice and representation cases with the boards office of executive secretary, the division of judges, the general counsels office of appeals, and regional, subregional and resident offices. The board stated that the suspension was necessary to ensure the safety of its own employees, as well as those members of the public involved in the elections. Apr 01, 2015 on march 18, 2015, the office of the general counsel for the national labor relations board nlrb released a memorandum regarding employer policies that are allegedly overbroad and unlawful under the national labor relations act nlra. Guidance from nlrb social media cases isight software. Nlrb issues critical guidance on employer handbooks, rules. Office of the general counsel memorandum gc 15 04 march 18, 2015 to.
Nlrb general counsel guidance memo on employee handbook. Summary of recent significant nlrb cases now available. Passed by the senate march 4, 2015 and the house on march 19, 2017 and presented to the president on march 27, 2015, s. Research and functional guidance nlrb public website. That advice was contained in one of five memoranda issued by the advice. The national labor relations board is an independent agency of the united states federal government created in 1935 as part of the national labor relations act. Each of the following five cases provides insight into how the nlrb might address social media cases in the future.
Representation case rules effective april 14, 2015. Advice memoranda issue guidance to regional office directing dismissal of charges. This fenwick employment brief march 2015 includes the topics of best practices with employment arbitration agreements, fmla protection, wa industrial insurance and hightech nopoaching laws. You can find the office nearest you at regional offices or dial 1844762 nlrb. Effective october 21, 2019, parties to unfair labor practice or representation cases processed in nlrb regional offices must submit all written statements, correspondence, position statements, documentary or any other evidence through the agencys electronic filing system efiling. The latest report covers notable decisions published in the nlrbs weekly summaries from october 10, 2014, to march 27, 2015. Five employment, labor, and workforce management concerns. The memorandum reflects the boards continued interest in policies addressing employee use of social media, workplace conduct and decorum toward managers and co. The following documents are designed to assist practitioners and the public in implementing the changes in representation case processing that are effective april 14, 2015. Mar 20, 2015 on march 18, 2015, nlrb general counsel richard f. Report of the general counsel concerning employer rules attached is a report from the general counsel concerning recent employer rule cases. With offices in sacramento, san francisco, beverly hills, newport beach and san diego, the weintraub tobin law corporation combines its shared vision and pledges to be an innovative provider of sophisticated legal services to dynamic businesses and business owners, as well as nonprofits and individuals with litigation and business needs. Nlrb general counsel issues handbook on handbook rules. Nlrb issues official guidance on ambush election rules news.
Starting with workplace investigations, the nlrb overturned a 2015 decision and. Three of the five members of the nlrb are from the current presidents political party, continuing a trend that has existed in previous presidential terms. Mar 31, 2015 its possible that the nlrb would permit employers to ban the use of these apps in the workplace, but its just as likely that the nlrb will look at such policies with a harsh eye under its section7 lens. Summary of nlrb decisions for week of march 16 20, 2015 the summary of nlrb decisions is provided for informational purposes only and is not intended to substitute for the opinions of the nlrb. All regional directors, officersincharge, and resident officers from. National labor relations act technology employment law. Apr 07, 2020 the national labor relations board is an independent agency of the united states federal government created in 1935 as part of the national labor relations act. Summary of nlrb decisions for week of march 16 20, 2015. The gc acknowledges most employers do not draft their policies with the object of restricting conduct. Office of the general counsel memorandum gc 15 04 march.
Nlrb general counsel issues guidance on common employee. Nlrb issues guidance concerning employee rules associated. Nlrb issues critical guidance on employer handbooks, rules and policies including approved language. One week from today, the nlrbs ambush election rules take effect. Nlrb provides guidance regarding permissible policies are. If you have questions about filing a charge or petition, please contact your local regional office for assistance. Primerus is an international society of top rated, independent, boutique law firms delivering outstanding results to clients at reasonable rates. Nlrb gc 15 06 guidance memorandum on representation case. Nlrb issues guidance memorandum for workplace rules hunton.
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