Yesterday’s CED covered what employers can’t do when fighting off unions; today, eight steps you can take, plus an introduction to an extraordinary program prepared especially for smaller—or even one-person—HR departments. Once again, we turn to Business & Legal Resources’...

Union issues are back on the front burner. The National Labor Relations Board (NLRB), which enforces the NLRA (National Labor Relations Act), has become particularly proactive in recent months—witness its very strong stand on social media rights of employees. For the legal do's and don'ts...

The National Labor Relations Board (NLRB) has announced it is postponing the National Labor Relations Act (NLRA) employee rights posting rule until the legal issues are resolved in court. On Tuesday, April 17, the D.C. Circuit Court of Appeals issued an injunction prohibiting the Board from enforcing...

The NLRB has delayed until January 31 its final rule requiring most private-sector employers to post the new "Employee Rights" poster. The original deadline had been November 14 of this year. The deadline has been moved, according to the NLRB, to "allow for enhanced education and outreach...

As you’ve undoubtedly heard by now, the National Labor Relations Board (NLRB) recently issued a proposal that would amend the procedures it follows both before and after conducting a secret ballot election. The new rules would shorten the time period between a union's election request and the...

The National Labor Relations Board (NLRB) has just ruled that Nevada employee Gerald Foley engaged in protected concerted activity when he questioned his supervisor, in front of his coworkers, about a new dress code. The employer, Wyndham Resort Development Corp., originally maintained a “resort...

The National Labor Relations Board (NLRB) has filed a complaint against a Connecticut company, claiming that it illegally fired an employee for comments she made on Facebook. The complaint also alleges that the employer maintained an overly broad blogging and internet posting policy. A hearing on the...

How do you know if a union is trying to organize your employees? Speaking at BLR’s National Employment Law Update in Las Vegas (Oct. 27-29, 2010) attorney Mark Ricciardi, managing partner of the Las Vegas office of Fisher & Phillips, LLP, gave attendees a checklist for identifying the signs...

Yesterday, we shared some thoughts from Phillip Russell, Esq. of Constangy, Brooks & Smith, LLP on what the Employee Free Choice Act (EFCA) would mean for employers. Employer advocacy groups have launched aggressive lobbying efforts to defeat the bill. On the other side, the AFL-CIO has put its full...

While the Employee Free Choice Act (EFCA) has taken a back seat to healthcare on the legislative agenda of late, both critics and supporters are confident it will soon come back with a vengeance. Phillip Russell, Esq. of Constangy, Brooks & Smith, LLP is in no hurry for that to happen. He says EFCA...

The Ninth Circuit Court of Appeals issued an opinion this week denying the application of the National Labor Relations Board (NLRB) to have eight employees of the Santa Barbara News-Press , who were fired for engaging in union activity, reinstated. Although the NLRB found that the employees were in fact...

Can we ask new employees to sign an agreement that they will not join a union? 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know. No, you...

The new decision focused on the union organizing practice known as "salting"—whereby unions send individuals to apply for jobs with the ultimate purpose of organizing the company from within. The NLRB said that although some union salts may genuinely desire to work for a nonunion employer...

To lower the risk of getting sued for sexual harassment, many companies have adopted nonfraternization policies, often focused on ensuring that romantic relationships, particularly those involving supervisors and their subordinates, don't create a conflict of interest. Sometimes these policies are...

Last week, the U.S. House of Representatives approved a bill — the Employee Free Choice Act — that would make it easier for employees to form unions. The measure was approved by a vote of 241-185. The measure would require the National Labor Relations Board (NLRB) to certify a union as the...

We've gotten word that a union is going to try to organize our manufacturing arm's workers. I'm not sure what to tell the managers and supervisors about how far they can go to encourage their workers to reject the union. Can you give some general guidelines? — Thomas T., HR Manager...

In a victory for unions, the U.S. Ninth Circuit Court of Appeals has upheld California's "union neutrality" law that curtails the right of certain employers receiving state funds to use this money to deter union organizing. Broad Restrictions The law, passed in 2000, forbids employers from...

In a ruling that will have huge repercussions regarding union organizing, the National Labor Relations Board has set broader guidelines for determining whether an individual is a "supervisor" under the National Labor Relations Act (NLRA). Supervisors aren't entitled to NLRA protection,...

A new Ninth Circuit Court of Appeals ruling underscores that you are obligated to be truthful when you negotiate a union contract and should be prepared to substantiate the positions you take. We'll explain how one employer got it wrong. Negotiations Under Way American Polystyrene Corp. manufactures...

A jury in Placer County has ordered UNITE HERE—one of the nation's largest labor unions—to pay $17.3 million for sending out postcards that defamed a group of Northern California hospitals. The case arose out of a labor dispute UNITE HERE had with Angelica Textile Services, a commercial...