Nyemaster Goode, P.C.

Union Avoidance, Org. Campaigns, NLRB Proceedings

July 25, 2019

NLRB Issues New Standard for Employers Withdrawing Union Recognition

On July 3, 2019, the NLRB overruled Levitz Furniture Co. of the Pacific, 333 NLRB 717 (2001), and set a new standard for employers wishing to withdraw recognition of a union when there is evidence that the union no longer represents a majority of the bargaining unit. According to a...

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December 16, 2014

NLRB Changes Course, Holds Employees Can Use Company Email to Organize

By Amanda Atherton In a 3-2 decision issued last Thursday, the National Labor Relations Board held that employees can use an employer’s email system for Section 7 organization purposes. Purple Communications, Inc., and Communication Workers of America, AFL-CIO, Case Nos. 21–CA– 095151, 21–RC–091531, and 21–RC–091584 (December 11, 2014). The Board...

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April 19, 2012

The NLRB Posting Requirement is ON HOLD….Again

By Mary Funk On April 13, 2012, the United States District Court for South Carolina held the NLRB did not have authority to require employers to post a notice informing employees of their right to organize, form, join, or assist a union; and to discuss their terms and conditions of...

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March 7, 2012

NLRB Posting Requirement Survives Legal Challenge

By Mary Funk On March 2, 2012, the United States District Court for the District of Columbia entered a ruling on the controversial NLRB posting requirement. The National Association of Manufacturers and other entities filed suit against the National Labor Relations Board challenging its decision to require all employers to...

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January 19, 2012

NLRB Invalidates Class Waiver Agreements

By Tom Cunningham One of the take-away lessons of 2011 is that the non-unionized employer who ignores the National Labor Relations Act ("NLRA") does so at its peril. The National Labor Relations Board ("NLRB") has targeted the non-unionized workplace for the vindication of employees' NLRA Section 7 rights to engage...

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May 31, 2011

The NLRA Affects All Employers, Not Only Those with Unions

Part II: Is Your Handbook NLRA-Compliant? By Mary Funk The National Labor Relations Board (NLRB) has stepped up enforcement is directed ever more at companies outside of the traditional union setting. When investigating an allegation that a company has violated employees' Section 7 rights to engage in concerted protected activity,...

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May 26, 2011

The NLRA Affects All Employers, Not Only Those with Unions

Part I: Expect Increased NLRB Enforcement By Mary Funk Given the political makeup of Congress, it is unlikely that there will be any sweeping legislative changes on issues historically important to labor unions. But the unions aren't just sitting on the sidelines. Labor is pushing its agenda forward by encouraging...

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