Five employment, labor, and workforce management concerns. 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. Starting with workplace investigations, the nlrb overturned a 2015 decision and. Leave and expanded fmla leave paycheck protection program open for business. 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. New nlrb guidance challenges reasonable handbook policies. 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 18. Nlrb gc 15 06 guidance memorandum on representation case. The nlrb is made up of five members who are politically appointed. These changes are scheduled to go into effect on april 14, 2015 and will. Nlrb issues decisions on workplace investigations, employee. 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. This separation was enacted against the advice of the justice department, contradicted.
National labor relations act technology employment law. Employer labor relations labor lawyers seyfarth shaw. One week from today, the nlrbs ambush election rules take effect. That advice was contained in one of five memoranda issued by the advice. Nlrb general counsel issues handbook on handbook rules. Previous eeoc guidance explained that a wellness program is voluntary as long. Report of the general counsel concerning employer rules attached is a report from the general counsel concerning recent employer rule cases.
Nlrb issues guidance concerning employee rules associated. 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. Nlrb provides guidance regarding permissible policies are. The nlrbs general counsel issues guidance on the new.
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. Nlrb adopts expedited election rules, effective april 15, 2015. Summary of nlrb decisions for week of march 16 20, 2015. Those changes became effective april 14, 2015 and are being applied to all petitions filed on or after april 14, 2015. 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. Nlrbs braindump on lawful company policies article. Mar 20, 2015 on march 18, 2015, nlrb general counsel richard f. Apr 01, 2015 this can be another frustrating part of trying to stay current with nlrb thinking. 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. Mar 19, 2015 on march 18, 2015, nlrb general counsel richard f.
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. 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. Office of the general counsel memorandum gc 15 04 march. Nlrb issues critical guidance on employer handbooks, rules and. The memorandum reflects the boards continued interest in policies addressing employee use of social media, workplace conduct and decorum toward managers and co.
Nlrb guidance and case law is subject to change from time to time. New guidance from the national labor relations board should be a big help for companies trying to draft lawful employee handbook policies. Research and functional guidance nlrb public website. Nlrb invites briefs on nonmember fees for grievance processing. 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. Nlrb general counsel guidance memo on employee handbook. Guidance from nlrb social media cases isight software. The parties may now file responsive briefs on or before september 30, 2015. Gc 0103, report on utilization of section 10j injunction proceedings march 3, 1998 through january 15, 2001, 02052001. Memorandum gc 1504 was released to the public on march 18, 2015.
On june 6, 2018 the general counsel of the nlrb issued new guidance. Nlrb issues critical guidance on employer handbooks, rules and policies including approved language. Guidance software, now opentext, is the maker of encase, the gold standard in forensic security. 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.
If you have questions about filing a charge or petition, please contact your local regional office for assistance. Many of the challenged policies are commonplace and not intuitively questionable from a legal perspective. You can find the office nearest you at regional offices or dial 1844762 nlrb. Access the blank fillable pdf charge and petition forms, click here.
Nlrb issues guidance memorandum for workplace rules hunton. Yesterday, the board published its official guidance discussing how it will process representation cases going forward. Nlrb general counsel issues guidance to employers on. On august 27, 2015, the health resources and services administration hrsa, an agency of the u. Nlrb general counsel provides roadmap for handbook policies. Representation case rules effective april 14, 2015. The latest report covers notable decisions published in the nlrbs weekly summaries from october 10, 2014, to march 27, 2015.
Office of the general counsel memorandum gc 15 04 march 18, 2015. Each of the following five cases provides insight into how the nlrb might address social media cases in the future. 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. 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.
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. Department of health and human services hhs, released the 340b drug pricing program omnibus guidance guidance. Nlrb general counsel issues guidance on common employee. 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. The report discusses key cases addressing 31 separate topic areas, including appropriate bargaining units, joint employment. Nlrb general counsel offers guidance on employee handbooks.
Office of the general counsel memorandum gc 15 04 march 18, 2015 to. 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. Apr 08, 2015 on april 14, 2015, the national labor relations board s controversial quickie election rule goes into effect. The summary of nlrb decisions is provided for informational purposes only and is not intended to substitute for the opinions of the nlrb. Representation case rules effective april 14, 2015 nlrb. All regional directors, officersincharge, and resident officers from. On june 6, 2018, nlrb general counsel peter robb issued a guidance memorandum which sheds additional light on the boards new. The national labor relations board nlrb is an independent agency of the federal. 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.
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. Abrahms published a management memo blog post that will be of interest to many of our readers. 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. Archived notices for briefs and invitations national labor relations. Nlrb provides new guidance on personal use of email. On march 19, 2020, the nlrb announced that it was suspending all representation elections through april 3, 2020. Advice memoranda issue guidance to regional office directing dismissal of charges. Passed by the senate march 4, 2015 and the house on march 19, 2017 and presented to the president on march 27, 2015, s.
Summary of recent significant nlrb cases now available. Therefore a change in the political landscape can result in new nlrb members and changes to the way the nlrb members look at issues. Nlrb provides new guidance on personal use of email february 2, 2015 the decision, in purple communications, inc. Nlrb issues guidance on employer handbooks felhaber larson. Gc 0104, guidelines for response to beckrelated public inquiries, 04062001. Nlrb weighs in on confidentiality, personal use of company email. Latest nlrb social media guidance helpful or more confusing. Nlrb issues official guidance on ambush election rules news. 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. Guidance software provides deep 360degree visibility across all endpoints, devices and networks with fieldtested and courtproven software. Nlrb issues critical guidance on employer handbooks, rules. 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.
On july 5, 1935, a new lawthe national labor relations act nlra, also known as the. 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. Health law update september 10, 2015 bakerhostetler. Guidance memorandum on representation case procedure changes effective april 14, 2015 i. 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. 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. Until we get some guidance from courts on these issues, there is real risk in broadbased bans of mobile technologies or apps. 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. Im sad but not surprised to report that not much has changed in the nlrbs misguided approach to facially neutral employment policies. 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. According to the board, these new rules do not establish new timeframes for conducting elections or issuing decisions. Primerus is an international society of top rated, independent, boutique law firms delivering outstanding results to clients at reasonable rates. Apr 23, 2015 littler shareholder william emanuel has released his semiannual report on significant decisions issued by the national labor relations board.
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