How to Cope with an Aggressive NLRB
Over the last few months, the current National Labor Relations Board (“NLRB”) and its Acting General Counsel have become very aggressive and proactive in interpreting the National Labor Relations Act to cover employer policies, practices and actions that have not previously been the concern of the NLRB. Recently the NLRB has issued complaints attacking what have long been routine employer policies concerning arbitration of employment disputes, employment-at-will, employer proprietary and confidential information, audio and video recording on company property, and employee use of social media. Other aggressive moves by the NLRB are tied up in litigation but may yet take effect: the NLRB poster on employee organizational rights and the accelerated union election rules. All of these actions and doubtless more yet to come reflect the current NLRB’s bias toward expanding employee protections and union representation.
The NLRB’s expansion of the law affects all employers, whether their employees are represented by a union or not. In fact, many of the recent developments are more likely to affect employers whose employees are not represented. Most of the employee policies now under attack are common and necessary to many employers and the theory upon which the NLRB bases its attack on those policies won’t be apparent to anyone not well versed in federal labor law. Employers need to be aware of these developments, assess their potential risk, and take proactive steps to protect themselves. This program is designed to educate employers and help them take those steps.
Watch the recording above to learn how you can protect your business from these aggressive regulations.
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From the presentation you will learn:
- • What kinds of employment policies are being subjected to NLRB scrutiny?
- • What makes an employment policy unlawful under the NLRB’s expanded interpretation of federal labor law?
- • Beyond having the policy determined to be unlawful, what other risks might the employer be facing if a policy is found unlawful?
- • How might an unlawful policy help a Union organize the employer’s workforce?
- • What steps should an employer consider taking to limit or eliminate the risks posed by this new NLRB aggression?