Jun 07, 2018 following up on the nlrbs decision in the boeing company, 365 nlrb no. On july 5, 1935, a new lawthe national labor relations act nlra, also known as the. Nlrbs braindump on lawful company policies article. 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. The gc acknowledges most employers do not draft their policies with the object of restricting conduct.
Nlrb issues guidance on employer handbooks felhaber larson. Representation case rules effective april 14, 2015 nlrb. Nlrb general counsel offers guidance on employee handbooks. Nlrb guidance and case law is subject to change from time to time. Report of the general counsel concerning employer rules attached is a report from the general counsel concerning recent employer rule cases. These changes are scheduled to go into effect on april 14, 2015 and will. 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 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. Gc 0103, report on utilization of section 10j injunction proceedings march 3, 1998 through january 15, 2001, 02052001. Yesterday, the board published its official guidance discussing how it will process representation cases going forward. 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. Nlrb general counsel issues handbook on handbook rules. 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.
Gc 0104, guidelines for response to beckrelated public inquiries, 04062001. Access the blank fillable pdf charge and petition forms, click here. New nlrb guidance challenges reasonable handbook policies. The nlrb is made up of five members who are politically appointed. Nlrb issues critical guidance on employer handbooks, rules and policies including approved language. This separation was enacted against the advice of the justice department, contradicted. Passed by the senate march 4, 2015 and the house on march 19, 2017 and presented to the president on march 27, 2015, s. On august 27, 2015, the health resources and services administration hrsa, an agency of the u. Nlrb gc 15 06 guidance memorandum on representation case. 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. 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. 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.
Guidance software provides deep 360degree visibility across all endpoints, devices and networks with fieldtested and courtproven software. 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. Previous eeoc guidance explained that a wellness program is voluntary as long. 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. Many of the challenged policies are commonplace and not intuitively questionable from a legal perspective. Guidance memorandum on representation case procedure changes effective april 14, 2015 i. 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. The report discusses key cases addressing 31 separate topic areas, including appropriate bargaining units, joint employment. 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 new guidance on personal use of email february 2, 2015 the decision, in purple communications, inc. 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. Nlrb issues guidance memorandum for workplace rules hunton.
The parties may now file responsive briefs on or before september 30, 2015. Im sad but not surprised to report that not much has changed in the nlrbs misguided approach to facially neutral employment policies. On march 19, 2020, the nlrb announced that it was suspending all representation elections through april 3, 2020. The latest report covers notable decisions published in the nlrbs weekly summaries from october 10, 2014, to march 27, 2015. Mar 20, 2015 on march 18, 2015, nlrb general counsel richard f. 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. Nlrb issues official guidance on ambush election rules news. Summary of recent significant nlrb cases now available. Nlrb adopts expedited election rules, effective april 15, 2015.
Nlrb provides new guidance on personal use of email. Nlrb general counsel provides roadmap for handbook policies. Nlrb general counsel guidance memo on employee handbook. Abrahms published a management memo blog post that will be of interest to many of our readers.
The summary of nlrb decisions is provided for informational purposes only and is not intended to substitute for the opinions of the nlrb. Nlrb issues critical guidance on employer handbooks, rules and. Nlrb weighs in on confidentiality, personal use of company email. 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. Employer labor relations labor lawyers seyfarth shaw. 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. Primerus is an international society of top rated, independent, boutique law firms delivering outstanding results to clients at reasonable rates. Nlrb invites briefs on nonmember fees for grievance processing. New guidance from the national labor relations board should be a big help for companies trying to draft lawful employee handbook policies. 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. 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. Memorandum gc 1504 was released to the public on march 18, 2015. Nlrb issues decisions on workplace investigations, employee.
Until we get some guidance from courts on these issues, there is real risk in broadbased bans of mobile technologies or apps. Those changes became effective april 14, 2015 and are being applied to all petitions filed on or after april 14, 2015. Representation case rules effective april 14, 2015. Guidance from nlrb social media cases isight software. Department of health and human services hhs, released the 340b drug pricing program omnibus guidance guidance.
Apr 01, 2015 this can be another frustrating part of trying to stay current with nlrb thinking. 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. In august 2011, the us chamber of commerce released a survey of social media issues before the nlrb. Mar 19, 2015 on march 18, 2015, nlrb general counsel richard f. Health law update september 10, 2015 bakerhostetler. 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.
Office of the general counsel memorandum gc 15 04 march 18. The nlrbs general counsel issues guidance on the new. 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. On june 6, 2018 the general counsel of the nlrb issued new guidance. Apr 08, 2015 on april 14, 2015, the national labor relations board s controversial quickie election rule goes into effect. The national labor relations board nlrb is an independent agency of the federal. Nlrb issues critical guidance on employer handbooks, rules.
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. That advice was contained in one of five memoranda issued by the advice. All regional directors, officersincharge, and resident officers from. Each of the following five cases provides insight into how the nlrb might address social media cases in the future. Nlrb general counsel issues guidance on common employee. Archived notices for briefs and invitations national labor relations.
Advice memoranda issue guidance to regional office directing dismissal of charges. Leave and expanded fmla leave paycheck protection program open for business. Nlrb general counsel issues guidance to employers on. Nlrb issues guidance concerning employee rules associated. You can find the office nearest you at regional offices or dial 1844762 nlrb. 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. Apr 23, 2015 littler shareholder william emanuel has released his semiannual report on significant decisions issued by the national labor relations board. The memorandum reflects the boards continued interest in policies addressing employee use of social media, workplace conduct and decorum toward managers and co. Research and functional guidance nlrb public website. Nlrb provides guidance regarding permissible policies are. Five employment, labor, and workforce management concerns. Therefore a change in the political landscape can result in new nlrb members and changes to the way the nlrb members look at issues. 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. One week from today, the nlrbs ambush election rules take effect.
Office of the general counsel memorandum gc 15 04 march 18, 2015 to. On june 6, 2018, nlrb general counsel peter robb issued a guidance memorandum which sheds additional light on the boards new. 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. If you have questions about filing a charge or petition, please contact your local regional office for assistance. Summary of nlrb decisions for week of march 16 20, 2015. Latest nlrb social media guidance helpful or more confusing. According to the board, these new rules do not establish new timeframes for conducting elections or issuing decisions. 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. Starting with workplace investigations, the nlrb overturned a 2015 decision and. Office of the general counsel memorandum gc 15 04 march. National labor relations act technology employment law. Office of the general counsel memorandum gc 15 04 march 18, 2015. 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.
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