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• An Unnecessary Burden: How the NLRB's "Decisional Bargaining" Doctrine Has Ignored Section 8(d) ( May 2006 )
  

  The National Labor Relations Board's decisional bargaining doctrine, as it has evolved over the years, requires employers to bargain over the decision to transfer work out of the bargaining unit-such as through subcontracting or assigning the work to other plants-if it is theoretically possible that the union could make concessions sufficient to offset the economic benefits of the transfer. In applying this doctrine to employers who transfer work during the term of a collective bargaining agreement, the NLRB contravenes the plain language of Section 8(d) of the National Labor Relations Act (NLRA) by requiring employers to afford unions the opportunity to offer concessions, even where the necessary concessions could only be made by modifying provisions in a current collective bargaining agreement.

• Little-Known Facts About the NLRA ( March 2006 )
  

  The NLRA protects employees' right to engage in 'concerted activities' for self-organization or for 'mutal aid or protection.' Several recent cases confirm that even employees who are not representd by a union or involved in any union activity are protected by the NLRB. Employers should be certain they maintain written evidence of compliance with all labor and employment laws.

• Employer Penalties for Violating the National Labor Relations Act ( July 2003 )
  

  Employers found by the National Labor Relations Board (NLRB) to have violated the National Labor Relations Act (NLRA) can be subject to penalties. Portions of the NLRA that spell out violations, and result in unfair labor-practice charges, include: 1) Section 8 (a)(1) restricts employers from interfering with, coercing or restraining any employees in their rights to organize a union or bargain collectively with employers. When an employer has been found to have committed a violation in this area, the NLRB will issue a cease and desist order.

• Employers Can Require Separate Bargaining Units for Staffing Agency Employees ( January 2005 )
  

  The National Labor Relations Board (NLRB or Board), the federal administrative agency that oversees the National Labor Relations Act (NLRA), has once again reversed its position on a critical bargaining issue. Several years ago, the Board held that staffing agency employees who shared essential working conditions with the client-employer's regular employees could be included in the same bargaining unit, without either the client-employer's or staffing agency's consent.

• Non-Unionized Employees do not have <em>Weingarten</em> Rights ( February 2005 )
  

  A few years ago, we informed you that the U.S. Court of Appeals for the District of Columbia Circuit and the National Labor Relations Board (Board), the federal agency charged with administrative oversight of the National Labor Relations Act (NLRA), had ruled that non-unionized employees, like their unionized counterparts, are entitled to co-worker representation during investigatory interviews they believe might result in discipline. This legal entitlement is commonly referred to as <em>Weingarten</em> rights.

• Labor Board Reverses Field on Non-Union Disciplinary Interviews ( September 2004 )
  

  For the third time in 22 years, the National Labor Relations Board changed its mind on whether employers must accede to requests from non-union employees to have co-workers present for investigatory interviews. As recently held in <i>IBM Corp.</i>, 341 NLRB No. 148 (2004), the current view is that employers need not accede to such requests, though they may not retaliate against employees for asking.

• Non-Union Employers Regain the Right to Conduct Investigatory Interviews Without a Co-Worker Present ( July 2004 )
  

  In IBM Corp., the National Labor Relations Board ruled that non-union employers may lawfully refuse an employee's request to have a co-worker present during an investigatory interview that the employee reasonably believes could lead to discipline. The Board's ruling is a huge victory for non-union employers.

• The NLRB "Limits" Weingarten Rights In Non-Union Worksites But Significant Traps Remain For Non-Union Employers ( July 2004 )
  

  Employers with unionized workforces are all too familiar with the legal requirements imposed by the National Labor Relations Act ("NLRA"). But non-union employers often are surprised to learn that the NLRA comes into play in non-union worksites as well.

• NLRB Rules That Weingarten Rights No Longer Apply to Non-Union Workforces ( July 2004 )
  

  On June 9, 2004, the National Labor Relations Board ("NLRB") in <em>IBM Corp.</em>, 341 NLRB No. 148, overruled its <em>Epilepsy Foundation </em>decision, which had granted non-union employees the right to be represented by a co-worker at an investigatory interview that could result in disciplinary action. Prior to the <em>Epilepsy Foundation </em>decision issued in 2000, the Board limited the right to representation at investigatory interviews to union-represented employees.

• Court of Appeals Decision Gives Employers More Latitude in Banning Union Materials -- But Employers Beware ( January 2004 )
  

  Among the tools unions utilize in their campaigns to organize workers is the posting of pro-union materials on an employer’s bulletin boards. A recent decision by the Seventh Circuit Court of Appeals, however, grants employers more flexibility in their enforcement of no-posting rules.