Brenden Begley_retouchJust in time for the holidays, the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor (“DOL”) have delivered additional workplace protections for workers and prospective unions this month.  Whether those government agencies are viewed as Santa or the Grinch coming down workplace chimneys depends upon one’s perspective.

Specifically, the NLRB gave a sugary treat to unions and employees who want union representation by ruling in early December that, under most circumstances, workers must be permitted to use their employers’ email systems for purposes of union-organizing activities.  Then, in mid-December, the NLRB stuffed the stockings of unions and employees who desire union representation by issuing a final rule shortening the time to hold an election to determine whether a majority of workers want to be unionized.

Many employers worry that this speedy-election change, which becomes effective on April 14, 2015, will diminish management’s ability to stage an anti-union campaign prior to voting.  As such, employers who are concerned about unionization likely will focus on year-round anti-union avoidance programs, instead of anti-union campaigns that commence only upon the filing of a representation petition.
Continue Reading U.S. Government Agencies: Santa or Grinch?

In an attempt to gain leverage in settlement negotiations, the NLRB Office of the General Counsel issued a directive that has rocked the franchise world.  Days ago, the NLRB Office of the General Counsel determined that McDonald’s USA, LLC, the franchisor, could potentially be held liable for the employment actions of its franchisees under a

In a recent 3-1 decision in Macy’s Inc., the NLRB used its controversial Specialty Healthcare decision in upholding as appropriate a micro bargaining unit of only 41 employees in the cosmetics and fragrances department of a Boston-area Macy’s store.  The Micro-Unit excludes all other sales employees at the store, despite there being almost 80

August 30, 2013 will soon be remembered as the day the current National Labor Relations Board (NLRB) turned a corner and became a full-fledged advertising agency for union organization. On that day, the NLRB announced the release of a free NLRB mobile app for mobile smartphone users. Under the guise of “educating” employees about the National Labor Relations Act (NLRA), this unbalanced app backdoors much of the same NLRB notice-posting propaganda that was proposed, delayed, and ultimately enjoined by a Federal Court last year. Expect this app to be grouped right next to the DOL’s Time Tracking App (downloaded last year), where employees can track their hours and submit alleged violations of the FLSA directly to the DOL’s Wage & Hour Division.

Continue Reading Want to Organize Your Employer? There’s An App for That: NLRB Launches Mobile App to “Educate” Employees About the NLRA