The National Labor Relations Board has issued yet another decision pertaining to non-unionized workplaces. This time, in Supply Technologies, LLC, the Board found that an employer’s mandatory grievance-arbitration policy violated Section 7 of the National Labor Relations Act (which includes the broad right “to engage in [ ] concerted activities for the purpose collective bargaining or other mutual aid or protection)” because employees would “reasonably” read the policy as preventing them from filing unfair labor practice charges with the Board.
Although some fans of the NFL may think it happened too late to save their team’s season, the membership of the NFL Referees Association is back at work after the National Football League and the union of its officials reached an agreement settling a three month labor dispute. Given the popularity and financial success of the NFL, which success was threatened when the NFL locked out its referees and substituted them with replacement refs, many may wonder why such a dispute took place at all.
The United States Court of Appeals for the District of Columbia Circuit recently joined other courts in reining in the efforts of federal agencies to legislate by administrative action. Specifically, in E.I. Du Pont De Nemours and Company v. NLRB, the D.C. Circuit held that the National Labor Relations Board overstepped its authority when it departed from prior NLRB precedent without “reasoned justification.
FEDERAL COURT REJECTS BID TO SCRAP THE NLRB'S RULE REQUIRING NON-UNION EMPLOYERS TO POST NOTICE OF UNIONIZATION RIGHTS
The NLRB’s new notice-posting requirement is one step closer to reality as the United States District Court for the District of Columbia has, in National Ass'n of Manufacturers v. National Labor Relations Board, dismissed a claim by various business groups claiming that the NLRB had overstepped its rulemaking authority in requiring the notice.
We recently alerted you that beginning on November 14, 2011, union and non-union employers alike must post unionization rights notices in their workplaces. You can access that alert here. The National Labor Relations Board has now released two versions of those posters (a 11 x 17 version and a two-page 8.5 x 11 version), both of which you can access by clicking here.
In a decision made public on August 31, Specialty Healthcare and Rehabilitation Center of Mobile, the National Labor Relations Board overturned longstanding precedent to adopt a new, pro-union approach for determining what constitutes an appropriate bargaining unit in non-acute health care facilities, such as nursing homes and rehabilitation centers. Read the Board's press release here.