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.
ONCE AGAIN, THE NLRB POSTPONES IMPLEMENTATION OF RULE REQUIRING NON-UNION EMPLOYERS TO POST NOTICE OF UNIONIZATION RIGHTS
The NLRB has postponed the implementation date for its new notice-posting rule three more months – from January 31, 2012 to April 30, 2012. The rule would require businesses to post notices apprising workers of their right to unionize. This is the second time the NLRB has postponed its implementation, this time doing so at the request of a federal court presiding over a case started by various business groups that are challenging the legality of the rule. The NLRB recognized that the three-month postponement will “facilitate the resolution of the legal challenges that have been filed with respect to the rule.” You can read our previous posts regarding this rule here, here, and here, and the NLRB’s latest press release here. We will continue to update you as events unfold.
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.
Many employers have employees sign confidentiality agreements aimed at prohibiting disclosure of confidential business information to third parties, and it has been widely assumed that such clauses were lawful. That assumption may no longer be accurate, however, as a recent First Circuit decision has held that confidentiality clauses in employment contracts can constitute a per se violation of employees’ protected employee rights under the National Labor Relations Act (NLRA) if the clauses can be read as prohibiting all discussions of wages, hours, and working conditions. Click here to read the full article.