THE NATIONAL LABOR
RELATIONS BOARD
What you don’t know can (and usually will) hurt you…
RUSSELL L. LICHTENSTEIN, ESQ.
Chai...
The NLRB – Not your Father’s Board
The NLRB –
Who they are and what they do
• They purport to be an “independent federal agency” that
protects the rights of ...
NLRB Organizational Chart
The NLRB –
Who they are and what they do
• What they do:
• Conduct Elections
• Investigate Charges
• Decide Cases
• Enforc...
The NLRB and the NLRA
• The Board is the gatekeeper for the National Labor
Relations Act.
• Two primary sections of the Ac...
The NLRB and the NLRA
• TRUE or False: The Act only applies to unions, union
employees and unions attempting to organize e...
Section 7 of the NLRA
• Employees shall have the right to self-organization, to
form, join, or assist labor organizations,...
The NLRB and Employee Misconduct
• “Hey, did you bring enough KFC for everyone?”
• “Go back to Africa, you bunch of fuckin...
The NLRB and Social Media
• On a break while at work, employee posts to his
Facebook page the following:
• The Assistant D...
The NLRB and Employee Handbooks
• What do the following policies have in common?
• “Be respectful to the Company, other em...
The NLRB and Employee Handbooks
• Media Contact – what’s the difference?
• “Employees are not authorized to speak to any r...
The NLRB and Employee Handbooks
• Disclosure of Confidential Information
The NLRB and Employee Handbooks
• Wage and Salary Disclosure:
Compensation programs are confidential between the
employee ...
The NLRB and Employee Handbooks
• Security and Confidentiality of Commercial Information:
As a matter of course, employees...
The NLRB and Employer Email
• The “new water cooler”???
• Business Use of Email Policy:
Computers, laptops, internet acces...
The NLRA and Organization Activities
• How do you know that it’s about to happen – Some Early
signs:
• Noticeable increase...
The NLRA and Organization Activity
• More signs that a Union is afoot:
• Suddenly, new terms become part of the conversati...
The NLRA and Organization Activities
• You know of a union organizing attempt – what can
and can’t you do?
• We’ve been ta...
The NLRA and Organization Activities
•What you CANNOT do:
• Threats
• Interrogation
• Promises
• Spying
The NLRA and Organization Activities
• Some things you CANNOT do:
• Attend union meetings or engage in any clandestine act...
The NLRA and Organization Activity
• But all is not lost – you CAN:
• Keep non-employee union organizers off of your prope...
The NLRA and Organization Activity
• And you CAN:
• Inform employees of untrue or misleading statements made by
union push...
Union Avoidance
Union Avoidance
• GET OUT IN FRONT
• Become “Union Redundant.”
• Adopt the TEAM approach
• Train your supervisors/managers...
NLRA’s New “Quickie Election” Rules
• Effective April 14, 2015
• From Petition to Election in 21 days!!!
You never know who you’ll get …
Some Takeaways …
• “Don’t think it won’t happen just because it hasn’t
happened yet.”
• At the appropriate level – BE PREP...
THE NATIONAL LABOR
RELATIONS BOARD
What you don’t know can, and usually will, hurt you…
RUSSELL L. LICHTENSTEIN, ESQ.
Chai...
National Labor Relations Board (r-li)
of 30

National Labor Relations Board (r-li)

Decisions made by the NLRB
Published on: Mar 3, 2016
Published in: Law      
Source: www.slideshare.net


Transcripts - National Labor Relations Board (r-li)

  • 1. THE NATIONAL LABOR RELATIONS BOARD What you don’t know can (and usually will) hurt you… RUSSELL L. LICHTENSTEIN, ESQ. Chairman, Labor & Employment Practice Group
  • 2. The NLRB – Not your Father’s Board
  • 3. The NLRB – Who they are and what they do • They purport to be an “independent federal agency” that protects the rights of private sector employees who join together, with or without a union, to improve their wages and working conditions. • Appointed by the President with advice and consent of the Senate to staggered 5-year terms. • 5 members: 3 Democrats, 2 Republicans - all Obama appointees. • The Noel Canning fiasco.
  • 4. NLRB Organizational Chart
  • 5. The NLRB – Who they are and what they do • What they do: • Conduct Elections • Investigate Charges • Decide Cases • Enforce Orders • Facilitate Settlements
  • 6. The NLRB and the NLRA • The Board is the gatekeeper for the National Labor Relations Act. • Two primary sections of the Act which impact employers in non-election settings are Sections 7 and 8.
  • 7. The NLRB and the NLRA • TRUE or False: The Act only applies to unions, union employees and unions attempting to organize employees.
  • 8. Section 7 of the NLRA • Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8(a)(3).
  • 9. The NLRB and Employee Misconduct • “Hey, did you bring enough KFC for everyone?” • “Go back to Africa, you bunch of fucking losers.”
  • 10. The NLRB and Social Media • On a break while at work, employee posts to his Facebook page the following: • The Assistant Director of Banquets is such a NASTY MOTHER FUCKER, don’t know how to talk to people!!!!!! Fuck his mother and his entire fucking family!!!! What a LOSER!!!! Vote YES for the UNION!!!!!!
  • 11. The NLRB and Employee Handbooks • What do the following policies have in common? • “Be respectful to the Company, other employees, customers, partners and competitors.” • “Do not make fun of, denigrate, or defame your co-workers, customers, franchisees, suppliers, the Company, or our competitors.” • “Be respectful of others and the Company.” • “Do not make defamatory, libelous, slanderous or discriminatory comments about the Company, its customers and/or its competitors, its employees or management.” • “Do not make statements that damage the Company or the Company’s reputation, or that disrupt or damage the Company’s business relationships.” • “Never engage in behavior that would undermine the reputation of the Company, your peers, or yourself.”
  • 12. The NLRB and Employee Handbooks • Media Contact – what’s the difference? • “Employees are not authorized to speak to any representatives of the print or electronic media about company matters unless designated to do so by Human Recourses, and must refer all media inquiries to the company media hotline.” • “The company strives to anticipate and manage crisis situations in order to reduce disruption to our employees and to maintain our reputation as a high quality company. To best serve these objectives, the company will respond to the news media in a timely and professional manner only through designated spokespersons.”
  • 13. The NLRB and Employee Handbooks • Disclosure of Confidential Information
  • 14. The NLRB and Employee Handbooks • Wage and Salary Disclosure: Compensation programs are confidential between the employee and GRQ Investments, LLC. Disclosure of wages or compensation to any third party or other employee is prohibited and grounds for discipline up to and including termination.
  • 15. The NLRB and Employee Handbooks • Security and Confidentiality of Commercial Information: As a matter of course, employees of GRQ Investments, LLC will have access to confidential and proprietary information. This information includes, but is not limited to, personnel information, pricing information, client lists, contractual agreements, intellectual property and marketing/sales strategies. It is a condition of employment that you not disclose this information to third parties during or after employment. Disclosure of GRQ Investments confidential information without express written approval is prohibited.
  • 16. The NLRB and Employer Email • The “new water cooler”??? • Business Use of Email Policy: Computers, laptops, internet access, voicemail, electronic mail (email), iPhones, BlackBerrys, cellular telephones, and/or other GRQ Investment equipment is provided to facilitate GRQ business. All information and messages stored, sent, and received on these systems are the sole and exclusive property of GRQ, regardless of the author or recipient. All such equipment and access should be used for business purposes only.
  • 17. The NLRA and Organization Activities • How do you know that it’s about to happen – Some Early signs: • Noticeable increase in casual employee gatherings • And a tendency to stop talking when supervisors approach • Employees seem unusually busy during breaks, lunch, and before and after work • Discussions of informal employee “get togethers” after hours • Nature and frequency of employee complaints and issues NOTICEABLY changes • Complaints and concerns now presented by a delegation of employees rather than an individual • New “cliques” forming – with new leaders
  • 18. The NLRA and Organization Activity • More signs that a Union is afoot: • Suddenly, new terms become part of the conversation like “job security,” “concerted activity,” “economic pressure” etc. • Sudden changes in employee attitudes coupled with a reluctance to speak individually with management • You start to see some former employees – especially discharged ones – hanging around company property • Requests for the names and addresses of employees • Unknown individuals showing up on site and meeting with groups of employees • Dead giveaway - a letter or a visit from a union official
  • 19. The NLRA and Organization Activities • You know of a union organizing attempt – what can and can’t you do? • We’ve been talking about raises for a while, let’s give them out now. • My brother-in-law works here as a driver and he can report back to us after the meeting. • The meeting is at the Econo-Lodge on Main Street. We can have Joe park a company car across the street and watch what’s going on from a distance. • If a Union comes in, it will ruin our business and we’ll have to close down. Let’s just tell our employees the truth.
  • 20. The NLRA and Organization Activities •What you CANNOT do: • Threats • Interrogation • Promises • Spying
  • 21. The NLRA and Organization Activities • Some things you CANNOT do: • Attend union meetings or engage in any clandestine actions or activity related to union meetings. • Punish, threaten or intimidate union “pushers.” • Ask employees if they are organizing, if they are affiliated, or if they have signed an authorization card. • Grant wage increases linked to keeping the union out – directly or indirectly. • Threaten to close up, shut down, move, lay-off employees, or curtail operations if the union gets in. Even if true! • Treat union pushers, or those you believe to be union pushers, differently than others. • Link pre-planned raises or benefit increases to the union organization success or failure.
  • 22. The NLRA and Organization Activity • But all is not lost – you CAN: • Keep non-employee union organizers off of your property (but not public areas). • Remind employees of the benefits they already have – with no threats or promises – veiled or otherwise. • Inform employees that signing a card does not obligate them to vote for the union. • Inform employees of the disadvantages of belonging to a union, such as the possibility of strikes, dues, picketing, etc. • Inform employees of an employer’s legal right to replace workers who go on strike for economic reasons. • Inform employees that a union cannot obtain more than an employer is able to give.
  • 23. The NLRA and Organization Activity • And you CAN: • Inform employees of untrue or misleading statements made by union pushers or organizers, and give the true and actual facts. • Respond to union attacks upon company policies, practices, or individual managers and supervisors. • Accurately advise employees of their rights under the NLRA, including their right to not be represented by a union.
  • 24. Union Avoidance
  • 25. Union Avoidance • GET OUT IN FRONT • Become “Union Redundant.” • Adopt the TEAM approach • Train your supervisors/managers • Educate your employees • Accessibility of upper management • Modernize policies
  • 26. NLRA’s New “Quickie Election” Rules • Effective April 14, 2015 • From Petition to Election in 21 days!!!
  • 27. You never know who you’ll get …
  • 28. Some Takeaways … • “Don’t think it won’t happen just because it hasn’t happened yet.” • At the appropriate level – BE PREPARED • Train your Supervisors/Managers/Executives • Don’t try this at home • Know what you know and – more importantly - what you don’t • Don’t hire your butcher to fix your car • An ounce of prevention … • Know your greatest asset • Take the temperature of your workforce • Seriously, HAVE POLICIES REVIEWED AND UPDATED • Your POSTINGS?
  • 29. THE NATIONAL LABOR RELATIONS BOARD What you don’t know can, and usually will, hurt you… RUSSELL L. LICHTENSTEIN, ESQ. Chairman, Labor & Employment Practice Group

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