Fourth Circuit Voids NLRB Posting Rule
6/18/13
By: Anthony Del Rio
Last week the Fourth U.S. Circuit Court of Appeals struck down the National Labor Relation Board’s (NLRB) 2011 poster rule. The rule required employers to post information regarding employees’ rights to organize under the National …
Supreme Court Upholds Arbitrator’s Class Ruling
6/14/13
By: Anthony Del Rio
This week, in Oxford Health Plans v. Sutter, the Supreme Court upheld the authority of an arbitrator to interpret an agreement to permit class arbitration. While the Court expressed some doubt regarding whether the arbitrator …
NLRB Provides Guidance on Investigation Confidentiality Policies
4/22/13
By: Anthony Del Rio
In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling …
NLRB Recess Appointments Invalidated
2/18/13
By: Anthony Del Rio
On January 25, 2013, the U.S. Court of Appeals for the District of Columbia held that President Obama’s recess appointments of three members to the National Labor Relations Board (“NLRB”) were invalid. Noel Canning Div. of …
NLRB Strikes Down Another Social Media Policy
12/10/12
By: David Cole
The NLRB has ruled that another social media policy is unlawful because it infringes on employees’ rights to engage in concerted activity. This time, it looked at DISH Network’s social media policy, which stated that “you may …
Employers Beware of Rules Against Employee Discussion of Internal Investigations
8/1/12
By: David Cole
On July 30, the NLRB issued a decision in the case of Banner Estrella Medical Center, which highlights the dangers of blanket instructions or policies prohibiting employees from discussing internal investigations. The company’s human resources manager …