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1 LATEST DEVELOPMENTS FROM THE NLRB Brenton D. Soderstrum BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2474 Facsimile:

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Presentation on theme: "1 LATEST DEVELOPMENTS FROM THE NLRB Brenton D. Soderstrum BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA 50309-2510 Telephone: 515-242-2474 Facsimile:"— Presentation transcript:

1 1 LATEST DEVELOPMENTS FROM THE NLRB Brenton D. Soderstrum BrownWinick 666 Grand Avenue, Suite 2000 Des Moines, IA Telephone: Facsimile:

2 2 National Labor Relations Board (NLRB)

3 3 NLRB Regulates employee rights to engage in collective activities in businesses in “interstate commerce”

4 4 Concerted activities for purposes of mutual aid and protection

5 5 Interstate Commerce Non-retail establishments -- $50,000 gross receipts Retail/Construction establishments -- $500,000 gross receipts

6 6 NLRB majority controlled by Obama-administration appointees

7 7 NLRB Proposed Rulemaking

8 8 Proposed Rule: Notice to Employees of NLRA Rights

9 9 “No less prominently”

10 10 Effective Date Originally 11/14/2011 Delayed to 01/31/2012

11 11 Impact of Failure to Post  Tolling of Statute of Limitations  Evidence of Anti-union Animus  Per Se Unfair Labor Practice

12 12 Download from NLRB

13 13 Purchase from Vendor

14 14 Preparation  Begin/Continue Union-free Plan  Counter-Posting  Supervisor Training

15 15 Proposed Rule: Quickie Elections

16 16 Effective Date: Still in Review

17 17 Election days after petition Shortened hearing procedures

18 18 Proposed Rule: Reporting Persuader Activity

19 19 Effective Date: Still in Review

20 20 Narrows “advice exception” to legal requirement that employers report to federal government activity and expenses spent maintaining union-free status

21 21 NLRB Guidance

22 22 Guidance on Social Media

23 23 Result of 14 unfair labor practice cases involving discipline for employee statements made in social media (blogs, Facebook, etc.)

24 24 Where employer acts to interfere, restrain or coerce employees in exercise of protected activity, NLRB will intervene

25 25 Examples... Discussions between employees on workplace responsibilities and performance Even involving swearing/sarcasm/insults

26 26 Examples... Soliciting input online from co- workers about work disputes

27 27 Examples... Clicking on a “like” button

28 28 Examples... Overly broad social media policies

29 29 Disclaimer: Nothing in this policy shall be construed to limit in any way your rights under applicable federal, state or local law, including but not limited to the National Labor Relations Act

30 30 Guidance on No-Solicitation Rules (pending)

31 31 Concerns the legal standard NLRB should apply in determining whether discrimination has occurred when limiting non- employees access to employer premises

32 32 Permitting charitable (civic organizations) to solicit on employer premises is not discrimination Existing Standard

33 33 Review your existing rules and protocols, enforce consistently, and train managers

34 34 May extend to accounts – The Guard Publishing Co., 375 NLRB No. 27 (2011)

35 35 Important Recent NLRB Decisions

36 36 Lamans Gasket Co.: Employer decision to grant recognition based on card check cannot be challenged for “reasonable period of time”

37 37 Specialty Healthcare and Rehabilitation Center of Mobile: CNAs in a nursing home will constitute an appropriate bargaining unit in absence of proof that excluded employees share an “overwhelming community of interest”

38 38 Sheet Metal Workers Local 15: 16 foot tall, 12 foot wide balloon rat protesting secondary employer not prohibited

39 39 Northeastern Land Services, Ltd.: Salary confidentiality policy found to be illegal

40 40 Go Ahead N.A., LLC: Election voided due to improper union conduct

41 41 Crystal Ball Gazing

42 42 Website: Toll Free Phone Number: OFFICE LOCATIONS: 666 Grand Avenue, Suite 2000 Des Moines, Iowa Telephone: (515) Facsimile: (515) Franklin Place Pella, Iowa Telephone: (641) Facsimile: (641) DISCLAIMER: No oral or written statement made by BrownWinick attorneys should be interpreted by the recipient as suggesting a need to obtain legal counsel from BrownWinick or any other firm, nor as suggesting a need to take legal action. Do not attempt to solve individual problems upon the basis of general information provided by any BrownWinick attorney, as slight changes in fact situations may cause a material change in legal result.


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