By: Bryan Bienias, Esq.
After months of partisan political jujitsu, the U.S. Senate last week confirmed all five of President Obama’s nominations to the National Labor Relations Board. The three Democratic and two Republican members include Chairman Mark Gaston Pearce (D), Kent Hirozawa (D), Nancy Schiffer (D), Harry I. Johnson, III (R), and Philip…
As we’ve blogged about in an earlier post, Acting General Counsel Lafe Solomon has issued the third in a series of “Reports” regarding social media policies, in which he addressed overly broad restrictions regarding confidentiality, standards of decorum on a website, fraternization with fellow employees, the airing grievances online,…
On May 30, 2012, NLRB Acting General Counsel Lafe Solomon issued an additional report discussing several corporate social media policies alleged to violate the NLRA. In Solomon’s third report on social media issues in the last year, he continued to take an aggressive look at employers’ social media policies, finding that…
On May 24, 2012, the NLRB Office of the General Counsel released an Operations-Management Memorandum that outlines the practices to be used by Regions for electronic distribution/posting or oral readings of the Notice to Employees in settlements of any unfair labor practice charge. See Memorandum OM 12-57.
Some of the key…
The National Labor Relations Board announced today that it has temporarily suspended the implementation of its final rule pertaining to new election procedures, i.e., the “Ambush Election” rule, effective immediately. Acting General Counsel Lafe Solomon similarly announced that he has temporarily suspended his guidance memorandum concerning the new election procedures. …
The General Counsel-side of the NLRB has been busy investigating and prosecuting unfair labor practice charges involving social media in 2011 and 2012. As evidenced in his two Operations Memoranda pertaining to social media cases, i.e., OM 12-31 (which can be viewed HERE) and OM 11-74 (which can be viewed HERE…
By Christian J. Rowley
On January 3, 2012 decision in D.R. Horton, 357 NLRB 184, the NLRB held that employer-employee agreements mandating the arbitration of non-National Labor Relations Act (NLRA) claims, but prohibiting class actions, violate the NLRA (see our One Minute Memo: http://www.seyfarth.com/publications/omm010712).
While nothing is certain, it is highly likely that this…
