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Category Archives: Social Media

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NLRB Finds Computer Use Rule Interfered with Union Election – Employment Law This Week

A featured story on Employment Law This Week is the NLRB’s crackdown on employers restricting the content of personal emails sent through the employer’s email system. In 2014, the NLRB ruled that employees who have email through their employers can use that email to communicate about union-related issues. In a recent election at Blommer Chocolate… Continue Reading

NLRB Rejects Employer’s Attempt to Restrict Content of Employees’ Emails Sent Over the Employer’s Email System

The recent decision by the National Labor Relations Board (“NLRB” or the “Board”) in Blommer Chocolate Company of California (PDF) addresses one of the issues left open in the wake of the Board’s earlier ruling in Purple Communications, Inc. – namely, the extent to which an employer may regulate the content of its employees’ emails… Continue Reading

Gawker, “New Media,” and Labor Unions—More Insights

Last week we reported on the June 3rd vote by Gawker media’s employees for union representation and speculated what it meant in the broader context of union organizing among Millennials. Today, Rachel L. Swarns of the New York Times provided some insight based on interviews and reporting with Gawker workers. The article notes a recent study… Continue Reading

Worse Than Feared … NLRB Reports First Month of Ambush Election Rules Yields More Petitions, Dramatically Quicker Elections

A couple weeks ago we provided anecdotal reports from several NLRB Regional Directors that after one month the new Ambush Election Rules union elections were being held in considerably less time, with the Regional Directors claiming elections were being scheduled between 25-30 days.  Last week, according to BNA’s Daily Labor Report and Law360, the NLRB… Continue Reading

NLRB Issues Critical Guidance On Employer Handbooks, Rules and Policies, Including “Approved” Language

On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued General Counsel Memorandum GC 15-04 containing extensive guidance as to the General Counsel’s views as to what types employer polices and rules, in handbooks and otherwise, will be considered by the NLRB investigators and regional offices to be lawful and which are likely… Continue Reading

Attend EBG’s 2015 Labor Briefings in Westchester County, New York and Los Angeles, California

New Union Rules and Rulings: Proactive Strategies for Employers Facing Today’s Aggressive National Labor Relations Board and New Expedited Representation Elections April 14, 2015 – Hilton Westchester, Rye Brook, New York May 7, 2015 – The L.A. Hotel Downtown, Los Angeles, California The National Labor Relations Board (NLRB) has adopted dramatic new rules and processes… Continue Reading

Overbroad Handbook Policies May Constitute Unfair Labor Practices

By Maxine Neuhauser As we have discussed on a number of prior occasions (Fifth Circuit Rejects The NLRB’s D.R. Horton Decision On Arbitration Waivers; Obama’s Labor Agenda Continues to Advance – Griffin Confirmed as NLRB GC; NLRB Administrative Law Judge Finds Medical Center’s Technology Usage Policies Violated Employees Rights Under the National Labor Relations Act…. Continue Reading

Third Circuit: President Obama’s Recess Appointments to the NLRB Were Unconstitutional

By: Evan Rosen and Adam C. Abrahms Yesterday, in a 2-1 decision, the Third Circuit Court of Appeals became the second appellate court to issue a ruling that President Obama’s recess appointments to the National Labor Relations Board (the “Board”) were constitutionally invalid because they did not occur during an “intersession recess” of the United… Continue Reading

NLRB Administrative Law Judge Finds Medical Center’s Technology Usage Policies Violated Employees Rights Under the National Labor Relations Act

by: Steven M. Swirsky and D. Martin Stanberry An NLRB Administrative Law Judge (“ALJ”) has found that two computer usage policies of University of Pittsburgh Medical Center (“UPMC”) violated the National Labor Relations Act (“Act”) because they had an unreasonable tendency to chill employee activities, including union organizing and employee discussions about terms and conditions of… Continue Reading

In A Case Against Retail Clothing Boutique, NLRB Finds Facebook Posts By Non-Union Employees “Classic Concerted Protected Activity”

By: Jill Barbarino and Steven M. Swirsky In a recent decision involving social media posts by non-union employees, as well as employer rules prohibiting the sharing of information about compensation among co-workers and with non-employees, the NLRB affirmed the findings and proposed remedy recommended by a Board Administrative Law Judge, holding that the Facebook posts… Continue Reading

Webinar Recording: Employment Practices Facing NLRB Scrutiny

On Friday, November 16, I participated in a free 75-minute webinar discussion with Lafe E. Solomon, Acting General Counsel of the National Labor Relations Board.  The webinar was moderated by Terence H. McGuire of the Practical Law Company.  We discussed: Factors that the NLRB considers when deciding whether to prosecute unfair labor practices based on… Continue Reading