Author: Bill Trumpeter, Labor and Employment Attorney

Creating a Sense of Preparedness - BizKeys Human Resources Toolkit

NLRB Strikes Down Overbroad Rules, Nixes Social Media Policy

A recent decision from the NLRB illustrates the importance of carefully reviewing work rules and policies to assure that the mere maintenance of a rule does not end up being an unfair labor practice.  In Costco Wholesale Corporation, 358 NLRB No. 106 (2012), the NLRB reviewed several rules and policies in Costco’s employee handbook.  It…
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D.C. Circuit Court Enjoins NLRB on Posting Requirement

Yesterday we issued an Alert about the District Court in South Carolina ruling that the NLRB’s Poster Rule exceeded the agency’s authority and was, therefore, invalid.   We mentioned that there was a somewhat contradictory decision from the District of Columbia District Court that upheld the posting requirement, but struck down certain remedial aspects of the…
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Court Decision On NLRB’s Employee Rights Posting Requirement

COURT ISSUES DECISION ON NLRB’s RULE     REQUIRING POSTING OF NOTICE INFORMING EMPLOYEES OF THEIR RIGHTS                                                      BY: William G. Trumpeter, Esq.                                                              Miller& Martin PLLC                                                The court’s ruling in the National Association of Manufactures v. NLRB,  Civil Case No. 11-1629(ABJ) (USDC DC March 2, 2012) challenging the NLRB’s Notice posting rule…
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NLRB Potpourri: Recent Decisions

Personnel Changes To Cure Employee Grievances:    The National Labor Relations Board (“the Board”) recently held that an employer violates the National Labor relations Act (“the Act”) by announcing during a union organizing campaign that it hired a bi-lingual human resources manager to improve workplace communications.  The Board found that the hiring was made to…
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What if a union business agent shows up in my office with a petition or a stack of cards and asks to meet with me. What should I do?

Should you find yourself in this situation, you are probably kicking yourself for not having used BizKeys to learn about why employees want to form unions and what you could have done to avoid getting to this point.  If your employees have signed authorization cards and you were not aware of what was going on,…
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NLRB Issues: Quickie Election Rules

The National Labor Relations Board (NLRB) continues its agenda of administrative labor law reform that Congress failed to pass when efforts to enact the Employee Free Choice Act (EFCA) were unsuccessful. In recognition of the fact that Member Becker’s recess appointment is to expire on December 31, 2011, reducing the Board to only two members, rendering it unable to act due to a lack of a quorum, the two Democratic appointees have voted to adopt new rules that will speed up the election process. The part of the overall rule proposal adopted yesterday provides:

NLRB Overrules 20 year precedent in Non-Acute Care Unit Determination Case; May Have Broader Implications

The NLRB continues its administrative labor law reform by overruling cases that simply do not jive with its current political ideology.  As Chairman Liebman departs after almost 14 years of service under three presidents, the NLRB will once again be short-handed as there will be only three (3) members unless and until the President can…
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Nlrb Notice: Should Employers Post Their Own Notice?

       By: William G. Trumpeter, Esq.   Miller & Martin P     The National Labor Relations Board (NLRB) has decreed by its rulemaking authority, that employers that are covered by the National Labor Relations Act (“the Act”) must post an official notice to all employees who are protected by the Act advising them of their…
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“What If” A Series of Crises Situations, Do You Know What to Do?

What if an employee comes to me and tells me she is being harassed by her male co-workers, but doesn’t want to stir up any trouble – she “just wants to let me know”.

Staying Union Free

“Staying Union Free” by Bill Trumpeter, Labor and Employment Attorney, Miller & Martin PLLC, Chattanooga, TN. For more informative information on Staying Union Free become a subscriber to BizKeys.