NLRB wants Supreme Court review of recess appointments decision

March 14, 2013 - by: Tammy Binford 0 COMMENTS

The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid.

In consultation with the Justice Department, the NLRB said it intends to file a petition by the April 25 deadline for Supreme Court review.

On January 25, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Noel Canning v. NLRB that President Barack Obama acted unconstitutionally when he made three recess appointments to the Board on January 4, 2012.

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NLRB ruling ends proemployer automatic exemption

December 31, 2012 - by: Tammy Binford 0 COMMENTS

A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline.

Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case overruled the Board’s 1978 decision in Anheuser-Busch, Inc., which established a categorical exemption for witness statements in such cases.

In the Piedmont case, the NLRB’s acting general counsel and the charging party argued that the bright-line rule established in 1978 was “inappropriate.” The Board agreed, finding it should instead apply a balancing test articulated by the U.S. Supreme Court’s decision in Detroit Edison Co. v. NLRB, which was decided in 1979.

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Company Settles Facebook Firing Case Initiated by NLRB

February 08, 2011 - by: HR Hero 2 COMMENTS

The case involving an employee who was discharged after posting disparaging comments about her supervisor on her Facebook page has been settled, the National Labor Relations Board (NLRB) announced in a news release yesterday. The NLRB caused a wave of unease among employers when it filed the case against American Medical Response of Connecticut, Inc. (AMR), on October 27, 2010.

The NLRB complaint asserted that AMR violated the National Labor Relations Act when it discharged Dawnmarie Souza for posting comments about her boss on her Facebook page and responding to related comments posted by her coworkers because such activity was protected. The complaint also claimed that AMR maintained “overly broad” rules on blogging, posting on the Internet, and communications between employees in its employee handbook and alleged that AMR illegally denied Souza union representation during an investigatory interview.

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Categories: NLRB / NLRB Decisions

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NLRB Issues Decisions on Electronic Notice, Compound Interest

October 26, 2010 - by: HR Hero 0 COMMENTS

Yesterday, the National Labor Relations Board (NLRB) released two decisions dealing with remedial policies. The first decision addressed compounding interest on back pay, and the second dealt with electronically notifying employees and union members about NLRB orders in unfair labor practice cases.

In Kentucky River Medical Center, 356 NLRB No. 8, the NLRB unanimously adopted a new policy under which interest on back pay must be daily compounded. Compound interest effectuates the remedial policies of the National Labor Relations Act (NLRA) better than simple interest, according to the Board. The NLRB also noted that compound interest is normally used in private lending practices and for monetary obligations imposed by federal law, including obligations under the Internal Revenue Code.

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Supreme Court Holds Two-Member NLRB Lacked Quorum, Authority

June 17, 2010 - by: Holly Jones 0 COMMENTS

This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed.

In addition to administering the National Labor Relations Act (NLRA), which regulates labor relations in the private sector, the NLRB regulates union elections and union-related conduct, develops labor policies for decisionmaking, and polices labor-management relations through the prosecution of unfair labor practice proceedings. By statute, the NLRB is designed to have five members and is usually balanced with two Democrats, two Republicans, and one Independent.

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Employers Can Restrict Union Use of Company E-mail

December 28, 2007 - by: HR Hero 0 COMMENTS

The National Labor Relations Board (NLRB) has ruled that employers can prohibit employees from using company e-mail to send union-related messages while allowing some personal use of e-mail.

In a 3-2 decision dated December 16 but released December 21, the NLRB majority ruled that the e-mail policy of Eugene, Oregon, newspaper The Register-Guard wasn’t a violation of the National Labor Relations Act (NLRA). The company’s written policy prohibited the use of e-mail for “non-job-related solicitations.” But in practice, it allowed a number of nonwork-related employee e-mails. There was no evidence, however, that it permitted e-mails urging support for groups or organizations.

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Categories: NLRB Decisions

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