1 latest developments from the nlrb brenton d. soderstrum brownwinick 666 grand avenue, suite 2000...
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LATEST DEVELOPMENTS FROM THE NLRB
Brenton D. SoderstrumBrownWinick
666 Grand Avenue, Suite 2000Des Moines, IA 50309-2510
Telephone: 515-242-2474Facsimile: 515-323-8574
E-mail: [email protected]
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NLRB
Regulates employee rights to engage in collective activities in
businesses in “interstate commerce”
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Interstate Commerce
• Non-retail establishments -- $50,000 gross receipts
• Retail/Construction establishments -- $500,000 gross receipts
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Impact of Failure to Post
Tolling of Statute of Limitations Evidence of Anti-union Animus Per Se Unfair Labor Practice
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Narrows “advice exception” to legal requirement that
employers report to federal government activity and
expenses spent maintaining union-free
status
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Result of 14 unfair labor practice cases involving discipline for
employee statements made in social media (blogs, Facebook,
etc.)
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Where employer acts to interfere, restrain or coerce employees in exercise of protected activity,
NLRB will intervene
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Examples . . .
Discussions between employees on workplace responsibilities and performance
• Even involving swearing/sarcasm/insults
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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
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Concerns the legal standard NLRB should apply in determining
whether discrimination has occurred when limiting non-
employees access to employer premises
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• Permitting charitable (civic organizations) to solicit on employer premises is not discrimination
Existing Standard
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Lamans Gasket Co.: Employer decision to grant recognition
based on card check cannot be challenged for “reasonable period
of time”
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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”
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Sheet Metal Workers Local 15:
16 foot tall, 12 foot wide balloon rat protesting secondary employer
not prohibited
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Website: www.brownwinick.comToll Free Phone Number: 1-888-282-3515
OFFICE LOCATIONS:
666 Grand Avenue, Suite 2000Des Moines, Iowa 50309-2510
Telephone: (515) 242-2400Facsimile: (515) 283-0231
616 Franklin PlacePella, Iowa 50219
Telephone: (641) 628-4513Facsimile: (641) 628-8494
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.