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Category Archives: National Labor Relations Board

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Did You Know…The Guiding Light on Employer Handbooks — Sort of

Posted in Handbooks, National Labor Relations Board, Social Media

Most employers already know they cannot forbid employees from criticizing management, workplace conditions, or discussing salaries in person or on the Internet.  Employers cannot forbid employees from posting comments — both good and bad — on social media, as long as the comments are not unlawful.  And though an employer must put its employees on… Continue Reading

Did You Know…Cybersecurity Made More Complicated by the NLRB

Posted in National Labor Relations Board, Privacy

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. This is an interesting development for municipal entities and others… Continue Reading

Did You Know…Additional Guidance Released by NLRB on Confidentiality and Employee-Related Investigations

Posted in Investigations, National Labor Relations Board

As we reported in August 27, 2012, in Banner Health System* the National Labor Relations Board (NLRB) ruled that an employer violates Section 7 of the National Labor Relations Act (NLRA) when it maintains a blanket policy that prohibits employees from discussing workplace investigations. On April 16, 2013, the NLRB’s Division of Advice released a memorandum of advise providing further guidance… Continue Reading

Did You Know…Blanket Confidentiality Requirements Regarding Employment-Related Investigations Violate Section 7 of the NLRA

Posted in National Labor Relations Board

As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled  that a human resources consultant’s routine practice of asking employees involved in employment-related investigations not to discuss them with co-workers ran afoul of the National Labor Relations Act (NLRA).  The majority… Continue Reading

Did You Know…The NLRB Releases Third Report on Social Media Do’s & Don’ts

Posted in National Labor Relations Board, Social Media

The National Labor Relations Board (“NLRB”) Office of the General Counsel has now released a third report addressing social media issues.  We previously discussed the first two reports, which primarily addressed employee terminations triggered by social media use.  The Operations Management Memo focuses on cases addressing  employer social media policies and provides several examples of broadly worded policy… Continue Reading

Did You Know…NLRB Regional Offices Won 87% of Unfair Labor Practice Cases in 2011

Posted in National Labor Relations Board

On March 8, 2012, summarizing the National Labor Relations Board’s activities in 2011, the Acting General Counsel issued a report stating that NLRB regional offices won 87 percent of unfair labor practices cases litigated before the board and administrative law judges in whole or in part in fiscal year 2011.  The report noted that (1)… Continue Reading